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The HC granted the landlord's application under Section 446 of ...


Landlord Succeeds in Reclaiming Premises from Company in Liquidation Under Section 446 of Companies Act

March 15, 2025

Case Laws     Companies Law     HC

The HC granted the landlord's application under Section 446 of the Companies Act, directing the official liquidator to surrender premises leased to a company in liquidation. The Court determined it had jurisdiction to entertain such claims against companies in liquidation, rejecting the liquidator's argument that the landlord should pursue separate eviction proceedings. The Court found the liquidator's claim that the premises were needed for storing company records was disingenuous, as an Official Liquidator's Report had confirmed no books or records were present. The ex-directors' perfunctory applications for company revival were dismissed, with the Court concluding that continued rental payments were unjustified given the premises' disuse.

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