Alok Sharma, J. - (1.) - Two misc. applications, one bearing No. 14743/2015 at the instance of Swarnbhumi Township Pvt. Ltd. (hereinafter the applicant ) and the other bearing No. 25787/2015 at the instance of the Official Liquidator of M/s. Jaipur Spinning & Weaving Mills Ltd., interconnected, as they are, are being disposed of by this common order.
(2.) M/s. Jaipur Spinning & Weaving Mills Ltd. was directed to be wound up by this Court in Company Petition No. 10/1980. The Official Liquidator (hereinafter O.L. ) attached to the High Court was appointed as liquidator of the company in winding up.
(3.) Assets of the Company in liquidation were leased out to Podar Mills Ltd. vide registered lease-deed dated 30.12.1964 for a terms of 99 years. That lease-deed was modified by another lease-deed executed on 23.08.1968 increasing the leased area from 35, 380 sq. yards to 56,629 sq. yards and for the period to 999 years. Alleging breach of conditions of lease-deeds aforesaid on various counts, the O.L. filed company application No. 75/2013 under Sections 456, 457, 460(4) read with Section 446(2)(d) of the Companies Act, 1956 (hereinafter the Act of 1956 ) and Rules 9, 232 and 233 of the Company (Court) Rules, 1959 (hereinafter the Rules of 1959 ) for various reliefs as reproduced hereunder : (i) By an appropriate order or direction, the respondents be ordered to hand over peaceful, lawful and vacant possession of the property let out to it by the lease deed dated 30.12.1964 and modified by the deed dated 23.08.1968 immediately; (ii) By an appropriate order or direction, it may be directed to sell/auction the properties after valuation as directed by this Hon'ble Court in its judgment dated 07.12.2007; (iii) Or any other appropriate relief may kindly be granted to the applicant which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Cost of the litigation may kindly be granted to the applicant. (v) Declare the transactions dated 30.03.2007, 19.07.2007 and 19.07.2007 executed by the Podar Mills Ltd. in favour of City Buildtech Pvt. Ltd. (respondent No. 7), Swaranbhumi Township Pvt. Ltd. (respondent No. 5) and Girirajkripa Developer Pvt. Ltd. (respondent No. 6) respectively and as null and void consequently all the rights accrued in favour of respondent Nos. 7, 5 & 6 be declared to have come to en end. (vi) The Official Liquidator be permitted to take the possession of the property with the help of District Magistrate as per clause (IA) and (IB) of the provision of Section 456(1) of the Companies Act, 1956.;