Shiv Kumar Sharma, J. - (1.) HEARD learned Counsel for the parties. It appears that while disposing of the Application No. 95/2005 on 25 -5 -2007 this fact was not brought to the notice of the Court that Usha Saxena had expired. On that day this Court directed the applicant to furnish undertaking. The said undertaking could not be furnished since Usha Saxena was dead.
(2.) THEREFORE another application was filed by the legal Representatives of Usha Saxena seeking direction in the name of Official Liquidator to comply with the order dated 25 -5 -2007. I, therefore, depose of the instant application in the following terms: (1) Anand Saxena, Rohit Saxena and Smt. Priti Srivastava are taken on record as Legal Representatives of late Usha Saxena. (2) The Official Liquidator shall vacate the premises in question and hand over the possession of the premises to Anand Saxena, Rohit Saxena and Smt. Priti Srivastava provided any one of them furnishes the undertaking as under: (i) to the effect that in case any one stakes any claim as landlord/owner of the premises in question, he shall indemnify the Official Liquidator against any such claim. (ii) to the effect that he shall waive any claim of rent of the premises in question. (iii) to the effect that he shall bear transportation charges of records, furniture and other articles lying on the premises in question.
(3.) I however direct that the security deposited with the applicant shall not be claimed by the Official Liquidator.;