Sabyasachi Mukahrji, J. - (1.) This is an appeal from an order and judgment of Mr. Justiee Salil K. Roy Chowdhmy, passed on 28th April, 1980, in Company Application No. 118, arising out of Company Petition No., 88 of 1971. By the said judgment and order the learned judge had made an order for payment by the appellant of a sum of Rs. 1,29,471.45, being the value of the goods which had been lost by the company in liquidation and the learned judge has further held that such loss and injury, had been caused by the deliberate and wilful act; on the part of the appellant in taking unlawful and illegal possession of the said godowns by breaking open the pad-locks and the seals of the official liquidator, and receiver. Certain consequential orders were also made therein.
(2.) It appears that Sakaw Industries Pvt. Ltd. was ordered to be wound up by this court on 5th June, 1972. It further appears that one Surinder Paul Mehta tookra lease of the two godowns at Farm House, Link Road, Faridabad, from Dalbir Singh (Grewal), the appellant herein, for 11 months at a rental of Rs. 700 per month. At least that is the lease which has been forwarded on behalf of the appellant to the adyocate:on record of the official liquidator. The official liquidator took possession of the said godowns on 24th July, 1974, and put his lock and seal. On 29th July, 1974, one Sri Sohan Lal Graver, advocate for Dalbir Singh (Grewal); wrote a letter to the official liquidator requesting him, inter alia, to pay the arrears of rents, as Dalbir Singh, according to the said advocate, came to know that his tenant's firm had gone into liquidation. It would be necessary to refer to the said letter which is at page 37 of the paper book. The said letter was addressed to, as mentioned before, the official liquidator on behalf of the present appellant and by the said letter it was stated that by a lease dated 26th April, 1973, between Sri Surinder Paul Mehta, son of Sri Amir Chand Mehta, of 20, Old Ballygunge Road, Calcutta, and Shri Dalbir Singh, the said Surinder Paul Mehta became a tenant of a portion of the said premises, which tenancy started from the 1st day of every English calendar month and lasted till the last day of every such month and aftes expiry of the lease period, the tenant, Shri Surinder Paul Mehta, became a statutory tenant at the same rent and on the same conditions. It further appears from the letter that the said Surinder Paul Mehta stopped payment of the rent of the said premises since 1st December, 1973, and as such he was liable to pay rent from 1st December, 1973, to 31st July, 1974, that is to say, for 8 months at the rate of Rs. 700 per month, which, according to the said Mr. Grover, came to Rs. 5,600 and interest thereon at the rate of 1% per month came to Rs. 150, which brought the total to Rs. 5,750 up to 31st July, 1974. The letter, thereafter, went on to say as follows : " 6. That my client has come to know that the tenant's firm has come under the liquidation proceedings and you are the official liquidator appointed by the Hon'ble High Court, Calcutta, and you have sealed the above said premises as official liquidator. 7. You are, therefore, requested that the above-said amount of my client may kindly be get recovered from the assets of the tenant's firm paid to my client and this may be considered on top priority. It is also requested that the premises may kindly be vacated at the earliest. "
(3.) On receipt of the said letter, on behalf of the official liquidator a request was made to the advocate for Dalbir Singh to send the alleged lease. Thereafter, on the 11th February, 1975, the asst. official liquidator wrote a letter to the said advocate, Mr. Sohan Lal Grover, which reads as follows: "With reference to your letter dated 14-1-75 enclosing an attested copy of lease deed dated 26-4-73 made between Sri Dalbir Singh Grewal, son of S. Amarjeet Singh of Farm House, Link Road, Faridabad, Tehsil Ballabgarh, Dist. Gurgaon, as landlord of the one part and Sri Surinder Paul Mehta, son of late Prof. Amir Chand Mehta of 20, Old Ballygunge Road, Calcutta-19 of the other part as tenant, I have to state that it appears from the above copy of the lease deed that it was made after the company went into liquidation, by Sri S.P. Mehta in his individual capacity and as such the company in liquidation is not liable for any breach, etc.";