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TMI Blog1987 (1) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... ispute belong to the petitioner, Harbans Lal Sharma. They were taken on lease by the respondent company known as M/s. Chemical Vessels Fabricators Pvt. Ltd. Eviction order dated December 11, 1984, was passed by the Rent Controller against the tenant. Meanwhile, liquidation proceedings under the Act were taken against the respondent-judgment-debtor in the Calcutta High Court where the winding up order was passed on September 18, 1985. Consequently a receiver-liquidator was appointed who now represents the judgment debtor. It is the common case of the parties that certain goods and machinery, etc., belonging to the judgment-debtor were hypothecated with the State Bank of India and are still lying in the premises in dispute. Vide order dated S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces, it could not be said to be the assets or the effects of the judgment-debtor in any manner. In support of the contention, learned counsel relied upon the judgment of the Kerala High Court in Joshi Trading Co. ( P. ) Ltd. v. Essa Ismail Suit [1980] 50 Comp. Cas. 801 (Ker). He also referred to the Division Bench judgment of this court in Banarsi Dass v. Devi Dayal [1967] PLR 417, to contend that the relationship of landlord and tenant between the parties comes to an end after the eviction order is passed. On the other hand, learned counsel for the judgment-debtor represented by the official liquidator submitted that in view of the provisions of section 446 read with section 537, no proceedings could be commenced against the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Kerala High Court in Essa Ismail Sait's case [1980] 50 Comp. Cas. 801, wherein it was observed as follows (p. 806): "It is a well-known matter that the object of section 446 is to see that the assets of the company are brought under the control of the winding up court, to avoid, wherever possible, expensive litigation and to see that all matters in dispute which are capable of being expeditiously disposed of by the winding up court are taken up by that court. This does not, however, mean that all disputes wherein a company is involved should be proceeded with only by the company court or that if they are pending with other statutory bodies, leave of the company court should be obtained. Matters where collection or distribution of asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the words, "no suit or legal proceedings....... against the company" in section 446 will mean proceedings in which the assets or the effects of the company are involved. In the present case, the premises were let out to the company and the eviction order was passed much earlier before the winding-up order was passed by the Calcutta High Court on September 18, 1985. Thus, the lessee company had no more any right, title or interest in the said premises and the decree-holder-landlord was entitled to seek ejectment of the company and now the official liquidator. It is not disputed that the goods and machinery, etc., lying in the premises and hypothecated with the bank belonged to the company and the decree-holder did not claim the same in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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