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TMI Blog2010 (8) TMI 182X X X X Extracts X X X X X X X X Extracts X X X X ..... Virag Tulzapurkar, Riyaz Chagla, Simil Purohit, H.K. Sudhakara for the Applicant. N.K. Kamat for the Respondent. J.P. Sen for the Official Liquidator. JUDGMENT 1. This Company Application is taken out by the Applicant M/s. Hardcastle Waud Manufacturing Company Limited, seeking directions against the Official Liquidator, High Court, Bombay, being the liquidator of M/s. Enamelled Wires Limited (in liquidation) to hand over quiet, vacant and peaceful possession of the property admeasuring about 3096 sq. yds. or thereabout situated at Netivali Baug, Kalyan survey No. 35 in the registration sub-district of Kalyan, District Thane (the said land) to the Applicant. The Applicant has also sought directions against the Official Liquidator to pay to the Applicant a sum of Rs.14,250 towards arrears of rent and arrears of municipal property tax till the date of handing over of quiet, vacant and peaceful possession of the said land. 2. The Company Application is filed in the following facts and circumstances : ( i )The Applicant is the owner of a large portion of land out of which the said land was given on lease to the Respondent Company under a registered lease deed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 526 of 1995, the Applicant filed Regular Civil Suit No. 181 of 2003 before the Civil Judge (S.D.) at Kalyan, seeking possession of the said land inter alia on the grounds that the lessee is not using the said land, is in arrears of rent and that the said land is bona fide required by the lessor. ( v )The said Suit filed by the Applicant is dismissed by an order dated 2nd September, 2009 from which the Applicant has preferred an Appeal before the Additional District Judge, Kalyan. The said Appeal is admitted and is presently pending for hearing and final disposal. 3. Mr. Tulzapurkar, the learned Senior Advocate appearing for the Applicant has submitted that as per the original lease dated 30th June, 1960, the same was valid for an initial period of 25 years with an option to the Respondent Company to obtain renewal of the same for further 25 years upon giving six months notice in advance. The first 25 years expired on 31st May, 1985. No notice of any nature whatsoever as contemplated under the lease deed was issued by the Respondent Company or the Official Liquidator expressing their intent to get the lease renewed. The lease therefore, stood determined on 31st May, 1985 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribution Company Limited (MSEDCL) has permanently disconnected the electrical connection to the said land since the Official Liquidator has failed to use the said land and has failed to pay for/consume electricity. Admittedly, there is no records of Kalyan Dombivli Municipal Corporation (KDMC) in respect of any water connection in the name of the Respondent Company. It is, therefore, submitted that the Official Liquidator cannot retain possession of the said land when the lease itself has come to an end. The leasehold right is no more an asset of the Respondent Company capable of being assigned or sub-let. It is submitted that the Official Liquidator has no right or entitlement to the said land and this Court may direct the Official Liquidator to forthwith hand over the possession of the said land. Mr. Tulzapurkar in support of his submission that irrespective of a pending Suit or Appeal, the Applicant is entitled to take out the present proceeding under the provisions of the Companies Act, 1956 and in support of his submission that the Applicant is entitled to obtain quiet, vacant and peaceful possession of the said land from the Official Liquidator has relied on the decision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riod, i.e., up to 31st May, 2010. Thereafter, since the Respondent Company itself would not have any rights over the said land, the Respondent Company would not be in any position to offer the said land as security to the Bank. As regards the contention of the Official Liquidator that the Civil Suit filed by the Applicant in Kalyan Court is dismissed and the Appeal is pending before the Kalyan Appellate Court, admittedly, the said Suit is filed by the Applicant on grounds that the lessee is in arrears of rent, is not using the said land and the said land is bona fide required by the lessor. The dismissal of the said Suit only means that the Applicant has failed to prove the grounds for claiming back the said land in the Suit. Even if the Applicant fails to succeed in the Suit all the way, the fact remains that the lease deed stands determined by efflux of time on and from 31st May, 2010 and the Official Liquidator admittedly having not used the land since last more than 25 years and not having any intention to use the said land in future, is bound to hand over the said land to the Applicant. The Official Liquidator cannot be permitted to continue enjoyment of the said land beyo ..... 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