IN RE: BOARD OF TRUSTEES FOR THE PORT OF KOLKATA Vs. STATE

JUDGEMENT

(1.) THE applicant, the Board of Trustees for the Port of Kolkata, has filed the instant Company application for appropriate orders from this Court directing the Official Liquidator to disclaim all interests in the property covered by lease dated May 2, 1983 made between the applicant and Him Containers Limited (Company in liquidation). Details of the said leased property has been mentioned in the Schedule annexed to the application and marked as Annexure -'A'. Consequential orders directing the Official Liquidator to remove all movable assets, furniture and fixtures on the leased land and for delivery of possession to the applicant have also been prayed for.

(2.) ACCORDING to the applicant, land measuring about 40460.450 sq. meters situated within the Haldia Dock Complex (West Bengal) was leased out for a period of 30 years w.e.f. 22 -12 -1982 by a Lease Deed dated 2 -5 -1983 executed by and between the applicant on one part and the Company in liquidation on the other part. The salient features of the aforesaid Lease Deed which would have a relevant bearing to the present case may be conveniently set out hereunder :

(3.) ACCORDING to the applicant, the lease was terminated by the applicant by serving an ejectment notice dated 25 -9 -2000 requiring the Company to deliver peaceful possession of the Lease Deed to the applicant on or before 31 -3 -2001. As the Company had failed to deliver possession of the Leased land to the applicant, the applicant took appropriate legal steps for eviction of the Company from the land in question under the provisions of the Act. Notice under Section 4 of the said Act, was issued by the Estate Officer to the Company. According to the applicant, while affixing the said notice issued by the Estate Officer in the Company's office at Haldia, the applicant could come to know that the Company had been wounded up by order dated 1 -9 -2000 passed by this Court and that the Official Liquidator had been appointed as a Liquidator of the Company for the purposes of winding up. Coming to know of the aforesaid development, the applicant issued notice dated 9 -8 -2001 through its Legal Advisers informing the Official Liquidator of the applicant's claim to title over the leased land and total outstanding dues, amounting to Rs. 1,71,37,286.00 along with interest payable, on account of lease rent. According to the applicant, the Lease in question stood determined in accordance with the terms of the Lease Deed on account of default in payment of rent that had occurred and also by reason of the Company being wound up. According to the applicant, in view of huge liability that had accrued in respect of the leases rent amounting to over Rs. 2.00 crores, the leased property has become onerous, burdensome and prejudicial to the interest of the Company in liquidation. Consequently, the applicant while reserving its right to claim all amounts outstanding on account of rent as may be due before the Official Liquidator, has prayed for appropriate orders from this Court directing the Official Liquidator to forthwith disclaim the lease property.