- (1.) The applicants question the extent of the authority available to a company Judge under Section 535 of the Companies Act, 1956 and cite the constitutional provisions pertaining to distribution of legislative powers between the Union and the States in suggesting that an order of January 22, 2013 passed on a disclaimer application was in excess of the company court's jurisdiction.
(2.) When this application was received on March 13, 2013 along with two other similar applications, it was noticed that the applicants claimed to have been dispossessed from areas under their occupation on the second floor of premises No. 14 Netaji Subhas Road, Calcutta - 700001. It was the common case of all three lots of applicants that they had no notice of the proceedings that culminated in the order of January 22, 2013. Such order was made on an application under Section 535 of the Act and the relevant part of the operative portion of the order read as follows: "So far the balance area of 1030 sq. ft. is concerned no one intervened nor there is any objection by anyone. Therefore, the Official Liquidator is also directed to remove trespassers if any from the said area of 1030 sq. ft. and hand over vacant possession to the applicant. In the event, the Official Liquidator requires any police assistance for vacating the said 1030 sq. ft. area, he will seek police assistance from the concerned Police Station and the Officer-in-Charge of the concerned Police Station is directed to render all assistance to the Official Liquidator."
(3.) The applicant in the proceedings in the nature of disclaimer was one PDGD Investments & Trading (P) Ltd. It is such party which has opposed the present application.;