- (1.) The Court: The instant matter has been assigned to this Court by the order dated August 5, 2003 of His Lordship the Chief Justice.
(2.) Judge's Summons have been taken out for leave to the applicants to make the application and for condonation of delay in making the application. The relief, prayed for is for an order directing the respondent-Official Liquidator to disclaim and/or give possession of the flat, more fully stated in the lease agreement dated May 24, 1985 being annexure 'A' to the affidavit filed in support of the Judge's Summons.
(3.) Brief facts based upon which the above reliefs have been prayed for are that the applicants are the owners and landlord of the flat which was given on lease to Remington Rand of India Limited (in liquidation) reliance for which purpose has been placed upon annexures 'A' and 'B'. The applicants through their advocate by a letter dated January 31, 2003 served a notice upon the Official Liquidator requesting him to disclaim the said flat. In reply Official Liquidator by his letter dated February 26, 2003 informed the applicants' advocate that in terms of the order of Court dated November 26, 2001 the Official Liquidator has been discharged from any liability in respect of taking any possession of the assets of the company (in liquidation) hence question of disclaimer of the said property by the Official Liquidator does not arise.;