- (1.) The Court: Mr.Bose, learned advocate appears on behalf of applicant and draws attention to record in order dated 19th June, 2019, text of which is reproduced below:- "CA 517 of 2017 is an application for disclaimer.
(2.) Mr. Bose, learned advocate appears on behalf of applicant and submits, his client's machine was parked in property belonging to company (in liquidation) and, hence, in possession of Official Liquidator. In the circumstances, the application made under section 535 of Companies Act, 1956. On query from Court he concedes, provisions in said section do not apply to the asset since it is not owned by the company (in liquidation).
(3.) Mr. Bose submits, there be direction upon Official Liquidator to act in allowing his client to retrieve the machine. He submits, this is possible under clause (i) in sub-section (2) of section 457 . Mr. Roy, learned advocate appears on behalf of Official Liquidator and submits, applicant has not been able to prove its ownership over the asset being subject matter of the application.;