NAMISHABEN M SHAH Vs. RAINBOW INDUSTRIES PVT LTD

JUDGEMENT

(1.) IN view of the fact that Rent Suit No.416 of 1993 is pending in the Court of Small Causes Court at Baroda at the instance of the land owner Ramaben Babubhai Choksi, Shri SP Majmudar, learned advocate appearing on behalf of the applicants sought permission to withdraw the present application with a liberty to file appropriate application for seeking permission under section 446 of the Companies Act, 1956 to proceed further with the Rent Suit No. 416 of 1993 after joining the Official Liquidator as party to the said proceedings. However, subsequently, Shri Majmudar has mentioned before the Court that as the said withdrawal is without getting consent from the applicants, he has requested to decide the present company application on merits and pass an appropriate order. That is how the present application is now decided and disposed of on merits.

(2.) BY way of the present Judges summons, the applicants claiming to be the owners of the land in question on the basis of the Will executed by one Ramaben Babubhai Choksi, the original land owner have prayed for an appropriate order directing the Official Liquidator to release the possession of open land admeasuring 15,000 sq ft. belonging to revenue survey No.238, Hissa No.2/1 situated at Pratapnagar, Vadodara since the said land is not the property of the company.

(3.) IT is the contention on behalf of the applicants that one Ramaben Babubhai Choksi was the owner of the land in question which was given on lease to the company in liquidation. It is further submitted that said Ramaben had by Will dated 31 -12 -1992 bequeathed certain property to the daughter of the applicant. It is further submitted that the Rent Suit No.416 of 1993 filed by said Ramaben in the Court of learned Small Causes Court at Vadodara against the company which is still pending. It is further submitted that after the order of winding up has been passed of the company in liquidation, the Official Liquidator has taken over the possession of the said property and as the said property does not belong to the company in liquidation, it is requested to grant the relief as prayed for. Shri Majmudar has relied upon the decision of the Hon'ble Supreme Court in the case of Ravindra Ishwardas Sethna and another V. Official Liquidator, High Court of Bombay and another reported in AIR 1983 SC 1061 in support of his above submission and the prayer.