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2015 (3) TMI 546 - HC - Indian LawsCompany in Liquidation - Allotment and registration of company residential quarter to Individual employee - Held that - The prayer made in the application seeking that the quarters be allotted to the applicant and sale deed be executed in his favour cannot be accepted at this juncture notwithstanding the earlier benefit that had been granted to the applicant. The appropriate course therefore is that the Official Liquidator shall take possession of the quarters bearing No.99/B which is the subject matter of this application and treat the same as the property of the company in liquidation and take further steps in that regard as would be taken in respect of the other assets of the company.- Decided against the applicant.
Issues:
1. Claim for execution of sale deed for Quarters No.99/B based on court orders. 2. Rival claim by a second respondent for the same quarters. 3. Dispute over entitlement to allotment of Quarters No.99/B. Analysis: 1. The applicant, a former employee, sought execution of a sale deed for Quarters No.99/B based on court orders from 2004 and 2009. The court had previously ruled that former employees in possession of quarters are entitled to allotment and sale deed execution. The applicant claimed entitlement to the quarters due to these orders. 2. A second respondent, a casual employee, also claimed entitlement to Quarters No.99/B. The second respondent's husband had been allotted a different quarter, No. 102/A. The court found no evidence supporting the second respondent's individual right to Quarters No.99/B, especially since her husband had already been allotted a quarter. 3. The court noted a lack of clarity regarding the applicant's possession of Quarters No.99/B post-superannuation. The Official Liquidator had taken physical possession of the quarters in 2001, indicating it was vacant. The second respondent claimed occupancy, but it was deemed unauthorized. The court ruled that the Official Liquidator should take possession of the quarters as company property, dismissing the applicant's claim for allotment and sale deed execution. In conclusion, the court dismissed the application, directing the Official Liquidator to treat Quarters No.99/B as company property and take appropriate steps in line with other company assets.
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