9911796707
TMI Blog2015 (10) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... reditor and cannot get any priority in payment. Held That:- Applicant is entitled to preferential payment which comes under liquidation expenses - Official Liquidator is permitted to shift the furniture, fixtures and records lying in the premises - Handing over vacant and peaceful possession of the premises to the Applicant is directed – Payment of the licence fees to the Applicant till the date of handing over possession of the premises after adjusting the security deposit held by the Applicant is ordered – Decided in favour of the Applicant. - Company Application (L) No. 98 of 2015, Company Petition No. 28 of 2012 - - - Dated:- 26-8-2015 - S. C. Gupte, J. For the Applicant : Ms. Rita Yadav, Mr. Divij Kishore, i/b. AZB Par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... records lying within the premises to another property of the Company in liquidation, which is already in possession of the Official Liquidator. 3. The only debatable question is of payment of licence fees to the Applicant. Learned Counsel for the petitioning creditor opposes the Applicant's prayer for payment of arrears of licence fee. He submits that as far as the arrears are concerned, the Applicant, as unpaid licensor of the Company in liquidation, is really in the position of an unsecured creditor and cannot get any priority in payment over the secured creditors and workmen. Learned Counsel relies upon the judgments of the Supreme Court in the case of Official Liquidator of High Court of Karnataka Vs. Smt. V. Lakshmikutty (1981) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing up order. It is not disputed by the Official Liquidator that all throughout this period, during which the Liquidator was in possession thereof, the premises were required to store the movable assets of the Company so as to enable the Liquidator to make a valuation and bring the same to sale with a view to accomplish administration of assets in winding up. In other words, it is not in dispute that for the period for which the licence fees are claimed, the premises were required and used for beneficial winding up. In that case, licence fees are clearly payable as expenses of winding up. 6. In the case of V. Lakshmikutty (supra) cited by learned Counsel for the Petitioner, the Supreme Court has held that under Section 529 of the Compani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sey Industries' case (supra). Relying on this decision, learned Counsel submits that as far as the security deposit is concerned, since there is no case for adjustment of it towards arrears arising for a pre-winding up order period, the Applicant should be asked to make over the same to the Liquidator and then wait in the queue for the arrears for the post-winding up order period. There is no substance in this contention. Delhi High Court in Amersey Industries holds exactly to the contrary. Delhi High Court, relying inter alia on V. Lakshmitkutty's case (supra), holds that the landlord has the right to adjust the outstanding amount of rental from the security lying with him and it would not make any difference whether the arrears of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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