2000 (1) TMI 795 - HC - Companies Law

Summary

Issues:
1. Ownership of hot air generators under hire-purchase agreement.
2. Validity of charge created in favor of secured creditor.
3. Rights of applicant under hire-purchase agreement.
4. Dispute over ownership of hot air generators.
5. Application for direction to Official Liquidator.

Analysis:
1. The applicant sought direction for possession of hot air generators under a hire-purchase agreement with a company in liquidation. The agreement specified ownership retention by the applicant until full payment of instalments by the hirer. The respondent defaulted on payments, leading to a demand for the outstanding amount by the applicant.

2. The Official Liquidator's report prompted a response from a secured creditor, SBI, claiming a prior charge on all assets of the company in liquidation. The bank argued that the machinery in question was funded by them, and the charge was registered before the supply of the hot air generators, asserting their ownership rights over the equipment.

3. The applicant contended that ownership of the hot air generators remained with them until the final instalment was paid, citing precedents and terms of the hire-purchase agreement. The bank's charge, according to the applicant, did not extend to the specific equipment supplied post-charge creation.

4. The dispute centered on the ownership status of the hot air generators, with the applicant asserting their rights based on the hire-purchase agreement terms and registration of charge in their favor. The respondent failed to establish ownership or inclusion of the equipment in the charge certificate issued by the Registrar of Companies.

5. Considering the evidence presented, including the hire-purchase agreement, charge registration, and lack of proof of ownership by the respondent, the Court ruled in favor of the applicant. The Official Liquidator was directed to hand over possession of the hot air generators and accessories to the applicant, affirming their entitlement to the equipment based on the agreement and legal documentation.