Hon'ble Aran Tandon, J. - (1.) ALL these applications have been filed by the similarly situate persons, who are in possession of official bungalow allotted to them in their capacity as officer of TAFCO, with the prayer that the order dated 5.2.2009 passed by the Company Court may be recalled and the applicant may not be evicted from the property in dispute and further the Official Liquidator may be directed to not to interfere with the peaceful possession of the applicant over the bungalow in question.
(2.) ALL these applications are being considered and decided by means of this common order, treating the facts in the application of Sri Iqbal Husain as leading one. At the very outset the Court may record that the process of the Court has been abused by the present applicant, as would be apparent from the facts which shall be recorded herein under. He has to be dealt with in a manner so that the similarly situate employees do not endeavour in future to create such a situation. Tafco India Limited was directed to be wound up under the order of the Company Court as early as on 18.8.1998. Sri Iqbal Husain applicant was admittedly an officer of the said company. In his capacity as the Deputy Manager an allotment letter was issued by the Tafco on 29.1.1987 allotting him bungalow adjacent to Cycle Stand with effect from 28.4.1986 (Bungalow No. 13/400). The allotment letter contained a specific recital that the allotment will remain valid so long as Sri Iqbal Husain continues in actual employment of Corporation. Copy of the allotment letter has been produced by Sri Rohit Agrawal, counsel for Sri Iqbal Husain, today in the Court, which is taken on record.
(3.) SRI Iqbal Husain is stated to have made an application opting for VRS after TAFCO was wound up. In terms of the conditions imposed he also gave an undertaking along with other 627 employees and 31 officers in form of affidavit to the effect that he shall vacate the official accommodation on 30th June, 1999 and handover vacant possession of the said premises to the TAFCO. It was further undertaken that in case of failure to vacate the bungalow by 30th June, 1999 he shall render himself liable to damages and further legal action including criminal for not vacating the house. It was further specifically stated that he shall have no lien on the said bungalow after 30.6.1999. The averments made in respect of such undertaking of Sri Iqbal Husain is contained in paragraph 9 of the counter-affidavit filed on behalf of the Official Liquidator to the present application and is being quoted herein below: "9. That it is pertinent to mention here that between 1.11.1999 to 30.6.1999, 627 employees as well as 31 offices submitted declaration and gave undertaking to the effect that they will vacate the official accommodation on 30th June, 1999 and handover vacant possession of the said premises to the TAFCO and further undertook that in case of failure to vacate the bungalow by 30th June, 1999 they shall be liable to pay damages and further legal action including criminal for not vacating the house and shall be solely responsible for the damages and shall have no lien on the said bungalow after 30.6.1999." ;