ANAND FINANCE PRIVATE LIMITED Vs. RAM LAL ANAND

JUDGEMENT

(1.) These are two applications by Anand Finance Private Limited. One is under ss. 391 and 392 of the Companies Act (the Act) (C.A. No. 691 of 1975). The other is under s. 151, Code of Civil Procedure (C.A. No. 692 of 1975). Both the applications were moved in November, 1975. I will deal with them separately.

(2.) In the application under ss. 391 and 392 of the Act the company has said that in terms of the scheme of arrangement sanctioned by the court of July 29, 1968, respondent Ram Lal Anand was bound to hand over vacant possession of bungalow No. 88, Sundar Nagar, as it belonged to the company. He was also to hand over fixtures and furniture. It is said that Anand handed over vacant possession of the bungalow to the directors of the company at one time. The directors started letting out the building during the period when it was in the possession of the company. But when the present chairman Mr. K. K. Mehra took charge he found that Anand had once more taken illegal possession of the property in October, 1955 and since then he has continued to be in its unlawful occupation. It is then said that by reason of Anand's illegal occupation from October, 1971 onwards a sum of Rs. 2,94,000 has become due to the company. In the application two prayers are made : (a) That Anand be directed to hand over vacant and peaceful possession of the property No. 88, Sunder Nagar, New Delhi along with its fixture and furniture to the company; and (b) That Anand be directed to pay a sum of Rs. 2,94,000 to the company.

(3.) The facts of this litigation I have set out in detail in my order dated July 28, 1976, passed on Company Application No. 151 of 1973 in H. H. Nawab Mirza v. Anand Finance (P) Ltd. This judgment is by way of postscript.