PATHERYA, J. - (1.) BY this application the applicant seeks disclaimer of sums deposited with the Registrar O.S. High Court, Calcutta in Suit No.25 of 1990.
(2.) SUCH prayer cannot be allowed as C.S.25 of 1990 was filed for eviction of the Company when it had not been wound up. The Company was wound up by order dated 1st March, 2006. In fact, C.S.25 of 1990 in which the sums were deposited of which disclaimer is sought was dismissed for default and no step taken for its restoration. On the other hand, C.S.1 of 2005 was filed for eviction. The sums deposited in C.S.25 of 1990 has not been credited to C.S.1 of 2005. In C.S.1 of 2005 an application under Chapter XIII A of the O.S. Rules was filed and a decree passed. The said decree has been challenged in appeal. As the suit in which monies had been deposited stands dismissed, the applicant herein would not be entitled to seek disclaimer thereof. Accordingly this application fails and is dismissed.;