PATHERYA, J. - (1.) THIS is an application for a direction upon the official liquidator to disclaim and make over possession of the second floor of premises No. 31, B.B.D. Bagh (South), Kolkata -700 001 to the applicant by removal of padlock. Petitioner's case:
(2.) THE case of the petitioner is that a tenancy was given to Buxa Dooars Tea Company (India) Ltd. ('Company'). By a notice issued under Section 106 of the Transfer of Property Act, 1882, the tenancy was terminated and C.S. No. 1 of 2005 filed for eviction of the company. A decree for eviction was passed on an application under Chapter XIII -A of the Original Side Rules upon contest and in appeal filed, a conditional order of stay was granted. During the subsistence of the appeal the order of winding up dated March 1, 2006, was passed on the application of a petitioning creditor and the official liquidator took possession of the said tenanted office space. Although directions were given to the official liquidator to shift the goods from the tenanted office space to a godown to be provided by the applicant, the same was not found to be suitable and therefore the goods have not been removed. The proposed scheme is in respect of two tea gardens and not the tenanted office space. Neither the official liquidator nor the company (in liquidation) has any need of the said tenanted office space and therefore the tenancy be disclaimed as sought for in this application.
(3.) THE said relief has been sought in view of Section 535(1)(a) and more particularly Section 535(1)(c) of the Companies Act, 1956. The official liquidator being an officer of the court should hand over possession as has been held in Ravindra Ishwardas Sethna v. Official Liquidator, High Court, Bombay : [1983]3SCR657 .;