SURESH CHANDRA LALBHAI DESAI Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) THE applicant has taken out this Judge's Summons seeking leave of this Court under Section 446 (1) of the Companies Act, 1956 to continue the HRP Suit No. 1065 of 2006 filed by him against the opponents for the reliefs prayed for in the said suit comprising of the relief for the actual and physical possession of the suit premises as well as for decree for arrears of rent and mesne profits and for permanent injunction restraining the opponents from transferring, assigning or parting with the possession, in any manner, of the suit premises. With the leave of the Court, the applicant has also prayed for alternative relief seeking direction to the opponents to hand over vacant and peaceful possession of the premises in question, namely, ground floor premises of 8, Hindu Colony, Navrangpura, Ahmedabad - 380 009 to the applicant.

(2.) THIS Court has issued notice on 10. 03. 2008 making it returnable on 19. 03. 2008. Mr. J. S. Yadav, learned advocate appeared for the Official Liquidator and waived service of notice. The Official Liquidator was directed to file his report as to why no action has been taken during all these years for taking possession of the property of the Company in liquidation from the respondent No. 2.

(3.) ON 25. 03. 2008, Mr. B. T. Rao, learned advocate appeared for respondent No. 2 and placed on record the affidavit-in-reply filed by the respondent No. 2. The Court recorded the submission made on behalf of the respondent No. 2 that the respondent No. 2 is residing with his family in the suit premises and he would not make any change so far as the present status of the property in question is concerned. The Official Liquidator has filed his report dated 12. 03. 2008.