Bhaskar Bhattacharya, J. - (1.) THIS appeal is at the instance of an alleged sub-tenant under the company-in-liquidation and is directed against an order dated 4th May, 2010 passed by a learned Single Judge, by which His Lordship, while disposing of an application under section 535 of the Companies Act (hereinafter referred to as the Act) filed by the landlord of the premises in question, gave liberty to the said applicant to institute a suit against the company-in-liquidation subject to the condition that such suit should be instituted only in the Company Court.
(2.) BEING dissatisfied, the alleged sub-tenant has come up with the present appeal. In the proceedings for winding up of the company-in-liquidation, the applicant, namely, Radha Kanta Dhar, claiming to be the owner of the three godowns, let out at Premises No.309, B.B. Ganguly Street, Calcutta - 700 012 in favour of the company-in-liquidation, came up with the prayer for disclaimer on the allegation that the company-in-liquidation having illegally let out the property in favour of the three sub-tenants without his consent, an appropriate direction should be given to the Official Liquidator for releasing the same as the company-in-liquidation had ceased to be in occupation of the property for a long time and the said assets of the company were of no use to the company. It was further alleged that the property in the tenancy right of the company was an onerous one. The said application was opposed by the appellant thereby contending that it is a lawful sub-tenant inducted by the company-in-liquidation from the year 1975 with the knowledge and consent of the landlord, the applicant under section 535 of the Act and as such, its right as sub-tenant should be protected.
(3.) THE learned Company Court on consideration of the materials on record came to the conclusion that the Official Liquidator could not assist the Court to arrive at the conclusion as to whether prior consent in writing of the applicant was obtained by the company-in-liquidation for subletting the property in favour of the present appellant and in such circumstances, the learned Single Judge decided to give leave the applicant to institute a suit against the company-in-liquidation subject to the condition that such suit should be instituted in the Company Court. Being dissatisfied, the alleged sub-tenant has come up with the present appeal.;