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TMI Blog2009 (8) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... mstances, the application is allowed only to the aforesaid extent. The official liquidator to settle the amount with GIDC with the bifurcation of prior to the date of winding up and after the date of winding up. Such outstanding liability towards GIDC as may be finally settled, would be reflected in the advertisement for sale of the property. In view of the above, the relief for entrustment of the possession to the applicant cannot be granted. X X X X Extracts X X X X X X X X Extracts X X X X ..... se deed permitting a lessee to give back the possession as and when the lessee chooses to do so cannot be converted into an obligation entitling the lessor to seek possession. (f)A condition in the lease deed by way of requirement to pay rent, per se, does not create an onerous covenant, once readiness and willingness is shown by the lessee, or on its behalf, to discharge such obligation." 5. The aforesaid decision has been confirmed by the Division Bench "of this court. 6. If the matter is examined in the light of the aforesaid position of law, GIDC would not be entitled to get back the possession of the "property so long as the conditions and the obligations of the lease deed are complied with. Similarly, the rights of the allottee under the lease deed are of the properties of the company in liquidation and therefore if the official liquidator has taken over the possession of the property by stepping into the shoes of the lessee, such an action cannot be said to be illegal of void as sought to be canvassed on behalf of the applicant. 7. However, as per the above referred decision the condition in the lease deed by way of requirement to pay rent, per se, does not create an one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of winding up, there is no liability of the official liquidator to discharge the obligations with the lessor. 10. In this regard rule 157 of the Companies (Court) Rules, 1959, may be relevant. The same reads as under : "157. When any rent or other payment falls due at stated period, and the order or resolution to wind up is made at any time other than one of those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of winding up order or resolution as if the rent or payment accrued due from day to day. Provided that where the liquidator remains in occupation of the premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or liquidator's occupation." 11. The aforesaid shows that if the liquidator has remained in occupation of the premises demised to a company which is being wound up, the-rights' of the landlord of such premises to claim the payment by the company, or the liquidator, of rent during the period of the company's or liqui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be only by way of inter se arrangement between the official liquidator in the capacity as the vendor and the purchaser of the property ; (5)It will be for the official liquidator to settle the amount to be paid and/or payable by the company in liquidation with the lessor as per the lease agreement and to clear such outstanding dues. If the condition is expressly provided for liability to be discharged by the purchaser for the period after the date of winding up, the purchaser may settle such amount with the lessor GIDC ; (6)It will be required for GIDC to transfer the leasehold rights on the name of the purchaser after the sale has taken place under the supervision of the company court and the obligations, as per the lease agreement, are discharged prior to the transaction ; (7)The purchaser of the property leasehold right shall step into the shoes of the original lessee company in liquidation and the rights between the purchaser and GIDC lessor shall continue to remain in operation as per the lease agreement after the date of the purchase ; (8)In the event, there is any dispute on the aspects of settlement of the amount recoverable by GIDC in the capacity as the lessor e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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