RAM KUMAR Vs. PUNJAB EXCHANGE LIMITED
LAWS(DLH)-1983-10-2
HIGH COURT OF DELHI
Decided on October 07,1983

RAM KUMAR Appellant
VERSUS
PUNJAB EXCHANGE LIMITED Respondents

JUDGEMENT

Rajindar Sachar - (1.)Admitted. We have heard the counsel for the parties. This is an appeal against the order of 29-8-1983 and 8-9-1983 by which review was sought of the earlier order. By the order of 29-8-1983 the Official Liquidator was directed to hand over vacant possession of certain part of the premises in occupation of the company respondent No. 2 (which is in liquidation) to respondent No. 1. With regard to the portion which are occupied by other persons liberty was given to the respondent No. 1 to take proceedings against them under law but making it very clear that there was no question of handing over the physical vacant possession of these parts to the respondent No. 1.
(2.)An order of winding up of the company was passed on 23-4-1981. Appeal against that order was dismissed on 9th November, 1981 and S. L. P. filed against order was dismissed in May, 1982. The company was said to be carrying on the business of forward trading in Jaggery, which because of the ban by the Government of India could no longer be carried on. Winding up had been ordered because the company was unable to pay its debts and also as the sub-stratum of the company had vanished that it was just and equitable to wind up the company. After the company was ordered to be wound up naturally the Official Liquidator stepped ill.
(3.)It appears that the premises in dispute, Kohinoor Building was in the possession of the company ; according to it on tenancy, but according to the respondent No. 1 only on license to the company.
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