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Rajasthan High Court · body

2003 DIGILAW 1423 (RAJ)

Mukat Singh v. Official Liquidator

2003-10-17

S.K.KESHOTE

body2003
JUDGMENT 1. - Heard learned counsel for the parties. 2. The petitioner has prayed, in this application filed under Section 446 of the Companies Act, for a direction to the non-applicant, the Official Liquidator, to remove the seal/lock from the premises belonging to the petitioner-applicant which were under the tenancy of the Company (in liquidation), and to hand over peaceful vacant possession thereof forthwith to him. 3. The Official Liquidator does not dispute that the premises in dispute were on rent with the Company (in liquidation). The Company-in-liquidation no more needs the premises in dispute for its use. The Official Liquidator has given out that the record of the Company-in-liquidation, and some articles are lying in the premises in dispute. 4. The petitioner application has given out that as per the Official Liquidator he has no fund in the account of Company-in-liquidation and he has to incur expenses of transportation of the record and other articles lying in the said premises. In the submission of the petitioner, the articles lying in the said premises are of no value. In case sell is affected thereof by inviting tenders etc. it may heavily cost which may exceed the cost of the articles itself. 5. It is agreed upon between the parties that the petitioner-applicant shall give up his claim of the arrears of rent and will pay Rs. 1500 towards the cost of the furniture, fixtures etc. of the Company-in-liquidation, lying in the said premises. In addition to that, he will also pay Rs. 1500 to the Official Liquidator for transportation of the record of the Company-in-liquidation, from the said premises to Jaipur. The Official Liquidator stated that costs of the articles is not more than Rs. 1500. 6. In the circumstances stated above, I am satisfied that on the terms and conditions given out by the petitioner, which are in the larger interest of the Company-in-liquidation, the premises may be vacated and the possession thereof is handed over to the petitioner-applicant. 7. In case the record of the Company-in-liquidation, lying in the said premises is kept there, it will be most inconvenient for the Official Liquidator to arrange for the security thereof and to keep it intact and it will also heavily cost. 8. In this result, this application succeeds and the same is allowed. 7. In case the record of the Company-in-liquidation, lying in the said premises is kept there, it will be most inconvenient for the Official Liquidator to arrange for the security thereof and to keep it intact and it will also heavily cost. 8. In this result, this application succeeds and the same is allowed. The Official Liquidator is directed to hand over the vacant possession of the premises in question to the petitioner application within a period of one month. The petitioner-applicant is directed to give in writing that they will not raise any claim for arrears of the rent. He is further directed to deposit Rs. 3000 with the Official Liquidator forthwith. It is made clear that out of this amount, Rs. 1500 shall be taken as the value of the assets received from sale thereof and the rest amount shall be utilised by the Official Liquidator for transportation of the record of the Company-in-liquidation, from the said premises to Jaipur. It is further made clear that the possession of the said premises shall be handed over to the petitioner-applicant after compliance of the aforesaid conditions. 9. Accordingly this application stands disposed of. *******