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Issues:
- Application for realisation of occupation charges - Jurisdiction of the court in liquidation proceedings - Suit filed against the official liquidator without prior leave - Contention of the applicant for proceeding with the suit - Legal precedents on granting leave to proceed with a suit against a company in liquidation - Opposition by the official liquidator and the Gaurs - Consideration of the conduct of the applicant in filing the suit without leave The High Court of Calcutta dealt with an application for realisation of occupation charges from several occupiers in the liquidation of a company. The court found that the official liquidator had no authority to collect rent or induct tenants without court permission. The occupiers were directed to pay compensation and deliver vacant possession of the premises. An appeal against this judgment was dismissed, and a subsequent application sought leave to proceed with a suit against the official liquidator. The applicant claimed protection under the U.P. Urban Buildings Act, alleging possession since 1971. The official liquidator opposed the suit, arguing it required court leave under the Companies Act, as already decided by the court. The Gaurs, main landlords, also opposed the suit. Legal precedents cited included cases where the court's discretion to grant leave to proceed with a suit against a company in liquidation was discussed. These cases emphasized the need to consider the interests of creditors, asset preservation, and third-party rights. The court highlighted the importance of obtaining prior leave before initiating legal proceedings against a company in liquidation to prevent asset dissipation through frivolous litigation. The court analyzed the circumstances of each case to determine whether granting leave was appropriate based on the merits of the litigation. The court noted the applicant's knowledge of the liquidation proceedings and their failure to seek prior leave before filing the suit. The court found the suit to be improper and vexatious, aiming to circumvent the court's orders and expose the company to unnecessary costs. The court criticized the applicant's conduct as an abuse of the court process, disregarding legal requirements and seeking retrospective approval for their actions. Consequently, the court dismissed the application and ordered the applicant to pay costs to the official liquidator. In conclusion, the judgment emphasized the importance of following legal procedures in initiating suits against companies in liquidation, considering the interests of creditors and asset preservation. The court rejected the applicant's attempt to proceed with the suit without prior leave, deeming it improper and an abuse of the court process. The decision highlighted the need for parties to adhere to legal requirements and respect court orders in insolvency proceedings to prevent unnecessary litigation and asset depletion.
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