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2005 (6) TMI 286 - HC - Companies Law

Issues Involved:
Granting possession of premises under tenancy of a company in liquidation to the petitioner.

Analysis:
The petitioner sought the removal of seal and lock from premises under the tenancy of a company in liquidation and requested peaceful possession. The petitioner provided a certificate of title and agreed not to claim rent arrears. The Official Liquidator stated the cost of company assets at Rs. 4,000. The petitioner agreed to pay this amount. The Official Liquidator confirmed not requiring the premises for company use.

The judge considered the financial state of the company in liquidation, noting its lack of funds and uncertain ability to pay rent. The judge expressed concern for unsecured creditors, highlighting the usual shortfall in meeting secured creditor claims through asset sales. The judge emphasized the unfairness of burdening the company with unnecessary rent expenses and depriving the landlord of property, especially when the company did not need the premises.

Consequently, the judge granted the application, instructing the Official Liquidator to hand over possession of the premises to the petitioner upon fulfillment of the agreed undertakings. The judge clarified that the order did not determine the petitioner's title to the premises conclusively and would not bind any other party claiming title over the premises.

 

 

 

 

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