SHEFALI DOSHI Vs. STATE

JUDGEMENT

(1.) COMPANY Application No. 172 of 2008 has been preferred by the Official Liquidator for seeking recovery of the mesne profit at the rate of Rs. 30/- per sq. ft for the office premise and at the rate of Rs. 10/- per sq. ft for parking space per month from 1. 9. 1999 till 29. 5. 2007 from the respondent No. 1 therein who was claiming to be the tenant of the property and also from respondent No. 2 who is claiming the rights as under MOU.

(2.) COMPANY Application No. 582 of 2008 has been preferred by the applicant who is respondent No. 2 in Company Application No. 172 of 2008 for declaration that the transaction between applicant and the company in liquidation as per the Memorandum of Understanding (hereinafter referred to as "mou") dated 1. 9. 1999 is not void against the liquidator and it is prayed to declare the said transaction as valid within the meaning of Section 531 and 531-A of the Companies Act, 1956 (hereinafter referred to as "the Act" ).

(3.) HEARD Mr. Vakil, learned counsel for Ms. Shefali Doshi - applicant, Mr. Roshan Desai for Official Liquidator in both the applications and Mr. T. S. Nanavati, learned advocate for respondent No. 1 in Company Application No. 172 of 2008.