MODELLA WOOLLWNS LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters patent is directed against an order passed by a learned Single Judge of this Court on the above Company Application. By the order dated 13th April 1995 the learned single Judge was pleased to make the company application absolute in terms of prayer Clauses (a) , (b) and (c). The learned judge was also pleased to direct the Official liquidator to make a report within eight weeks from the date of his order and thereafter the company application was to be placed on board for considering prayer clauses (d) and (e) thereof.

(2.) The company application was moved by Respondent No. 3 before us which is the original Applicant. The company application was directed against the Official Liquidator of M/s. Modella Textiles Industries Private limited who was impleaded as Respondent no. 1 and the Appellant before us was impleaded as respondent No. 2 to the same.

(3.) By the company application the original applicant sought a declaration that the second respondent (appellant) who is in occupation of an office premises bearing no. 4-C of 4th floor of Vulcan Insurance building situate at Veer Nariman Road, mumbai 400 020, is a trespasser, having no legal right to use and occupy these office premises and that a licence purported to have been created by the company in liquidation was patently illegal, fraudulent and void, ab initio. Prayer Clause (b) of the company application sought a further declaration that a decree passed by the court of Small Causes, Mumbai in RAD Suit no. 5937 of 1986 by which second respondent is held to be a deemed tenant, is a nullity and the same be set aside. By prayer Clause (c) a direction was sought to the second respondent to vacate and hand over peaceful possession of the office premises to the first respondent Official liquidator within a period of four weeks from the date of order passed on the company application and in default, the first respondent Official Liquidator be directed to take forcible possession thereof. Prayer clauses (d) and (e) sought directions to the official Liquidator firstly to take possession from the second respondent and hand it over to the applicant and thereafter inquiry be commenced to determine compensation/ damages at prevailing market rate up to the date of handing over possession and make payment thereof.