Soumen Sen, J. - (1.) The Court: This is an application by one Ramesh Kumar & Co. Pvt. Ltd. claiming ownership in respect of 1st floor of premises no.85, Ballygunge Garden, Kolkata 700016. The said property was attached by an order dated 14th March, 2017 and presently is in the custody of a Receiver appointed by this Court.
(2.) The applicant claims to be the owner of the said property. The applicant says that the applicant was unaware of any order of appointment of Receiver over the said property and as soon as the applicant became aware of the said fact this application has been taken out for discharge of Receiver over in respect of the said property. The applicant says that the applicant became the owner of the property by virtue of a deed of conveyance dated of conveyance dated 10th June, 2003 and since then the applicant is in occupation of the said property. The applicant says that after purchasing the said property the applicant started its business activities from the said flat and thereafter in December 2014 Ridhi Builders Pvt. Ltd. was inducted as a tenant under an agreement dated 1st December 2014 at a monthly rent of Rs.4,500/-. The said flat was under occupation of the said company until the tenancy was terminated by Ridhi Builders Pvt. Ltd. by a notice dated 29th May, 2017. It is alleged that the Ridhi Builders Pvt. Ltd. had inducted Dynametic Overseas Pvt. Ltd. and some other entities in the said flat without the consent of the applicant. The applicant says that although the tenancy was terminated by Ridhi Builders Pvt. Ltd. but the applicant is unable to take possession of the said flat in view of appointment of a Receiver by this Court over in respect of the said flat.
(3.) The decree holder in this proceeding has filed an affidavit in opposition. In the affidavit the decree holder has made an attempt to show that the applicant belongs to the R. Piyarelall Group and the said applicant is an alter ego of the judgment debtor. In order to demonstrate that the applicant and the judgment debtor are one and the same entity and this application has been filed with an ulterior motive to release the property from the custody of the Court. The applicant has disclosed document to show a clear and close nexus between the applicant, the judgment debtor and Ridhi Builders Pvt. Ltd. In the affidavit in opposition the decree holder has stated that the judgment debtor now known as Dynametic Overseas Pvt. Ltd. was incorporated in the order 1988 by one Ramesh Kumar Agarwal son of Piyarelall Agarwal who was one of the initial subscribers to the Memorandum of Association of the said company. The applicant was incorporated in 1976 by the said Ramesh Kumar Agarwal son of Piyarelall Agarwal who was one of the initial subscribers to the Memorandum of Association of the applicant. Ridhi Builders Pvt. Ltd. was incorporated in the year 2007 in which Siddharth Agarwal and Varun Agarwal both sons of the said Ramesh Kumar Agarwal are the initial subscribers to the Memorandum of Association. Ramesh Kumar Agarwal is a promoter shareholder of the judgment debtor as well as the applicant. Ramesh Kumar Agarwal along with his family members Siddharth Agarwal, Varun Agarwal and Niharika Devi Agarwal hold 9,11,000 equity shares of the said company, amounting to 44.2% of the total issued subscribed and paid up share capital of the said company. The applicant is also a shareholder of the judgment debtor holding 1,85,520 equity shares amounting to approximately 9% of the total issued subscribed and paid up share capital of the judgment debtor company. Ramesh is also a promoter shareholder of Ramesh Kumar & Co. Pvt. Ltd. and he along with his family members hold 9,11,000 equity shares in the applicant company amounting to approximately Rs.73% of the total issued subscribed and paid up share capital. The remaining 27% of the total issued subscribed and paid up share capital of the applicant company is held by body corporates who were part of the promoter group.;