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COMA/272/2009 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
COMPANY
APPLICATION No. 272 of 2009
In
COMPANY
PETITION No. 236 of 2007
In
COMPANY APPLICATION No. 546 of 2007
=========================================================
DINESHBHAI
P PATEL - Applicant(s)
Versus
OFFICIAL
LIQUIDATOR OF M/S CELLULOSE PRODUCTS OF INDIA LTD - Respondent(s)
=========================================================
Appearance :
MR
SAMIR B BUNDELA for Applicant(s) : 1,
MR JS YADAV for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/05/2010
ORAL
ORDER
Present
Judges Summons has been taken out by the applicant claiming to be
the owner of Shop No.A-5, Muktanand Park, Jamfalwadi, Ramol,
Ahmedabad for an appropriate order directing the Official Liquidator
to remove the seals and handover the possession of the said premises
to the applicant.
It
is the case on behalf of the applicant that shop in question was
given on rent to the Company in liquidation on a monthly rent of
Rs.1,000/- (Rupees One Thousand only). The applicant has produced on
record the relevant entries in the passbook of the bank account of
the petitioner crediting Rs.1,000/- (Rupees One Thousand only) per
month in his account. It is submitted that as such, the premises in
question, was never of the ownership of the Company in liquidation
and therefore, it is requested to remove the seals and handover the
possession to the applicant.
Having
heard Shri Bundela, learned advocate appearing on behalf of the
applicant and Shri J.S.Yadav, learned advocate for Official
Liquidator of the Company in liquidation and even considering the
statement of affairs and documents on record, Shri Yadav, learned
advocate for the Official Liquidator is not in a position to satisfy
the Court that the Company in liquidation was the owner of the
premises in question. On the other hand, there are documents on
record to show that applicant and his family members were the owner
of the premises in question and as well as the land on which the
premises in question was erected. It appears that at the relevant
time and/or prior thereto, there was a registered office of the
Company in liquidation in the premises in question and the same was
a rented premises. Under the circumstances, when the Official
Liquidator has failed to satisfy the Court that the Company in
liquidation was the owner of the premises in question and when the
applicant has been able to successfully established that he and his
family members were the owner of the premises in question, the
present application deserves to be allowed.
In
view of the above and for the reasons stated above, the Official
Liquidator is hereby directed to remove the seals and handover the
possession of the premises in question being Shop No.A-5, Muktanand
Park, Jamfalwadi, Ramol, Ahmedabad to the applicant within a period
of 8 (eight) weeks from today.
It
will be open for the Official Liquidator to remove and take whatever
the records of the company in liquidation lying in the said premises
within the aforesaid time and the Official Liquidator to handover
the peaceful and vacant possession to the applicant within
stipulated time stated herein above.
With
this, present application is disposed of.
(M.R.SHAH,
J.)
(ashish)
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