HARDCASTLE WAUD MANUFACTURING COMPANY LIMITED Vs. OFFICIAL LIQUIDATOR, HIGH COURT, BOMBAY OF M/S. ENAMELLED WIRES LIMITED

JUDGEMENT

(1.) This Company Application is taken out by the Applicant M/s. Hardcastle Waud Manufacturing Company Limited, seeking directions against the Official Liquidator, High Court, Bombay, being the liquidator of M/s. Enamelled Wires Limited (in liquidation) to hand over quiet, vacant and peaceful possession of the property admeasuring about 3096 sq. yds. or thereabout situated at Netivali Baug, Kalyan survey No. 35 in the registration sub-district of Kalyan, District Thane (the said land) to the Applicant. The Applicant has also sought directions against the Official Liquidator to pay to the Applicant a sum of Rs. 14,250/towards arrears of rent and arrears of municipal property tax till the date of handing over of quiet, vacant and peaceful possession of the said land.

(2.) The Company Application is filed in the following facts and circumstances:

(3.) Mr. Tulzapurkar, the learned Senior Advocate appearing for the Applicant has submitted that as per the original lease dated 30th June 1960, the same was valid for an initial period of 25 years with an option to the Respondent Company to obtain renewal of the same for further 25 years upon giving six months notice in advance. The first 25 years expired on 31st May 1985. No notice of any nature whatsoever as contemplated under the lease deed was issued by the Respondent Company or the Official Liquidator expressing their intent to get the lease renewed. The lease therefore, stood determined on 31st May 1985. It is further submitted that even assuming without admitting that the issue of further renewal of lease deed was required to be adjudicated upon, the lease deed at best could only be renewed for a further period of 25 years, i.e. upto 31st May 2010. Thus, the period of lease (including the renewal period) stood determined on 31st May 2010 and the Official Liquidator who has stepped into the shoes of the Respondent Company cannot hold on to the said land beyond the entitlement of the Respondent Company. It is submitted that the determination of the lease (including the renewed period of 25 years), by efflux of time has taken place on 31st May 2010. It is submitted that in view of the determination of the lease, a fresh cause of action has accrued in favour of the Applicant and this situation was not in existence at the time when the order dated 14th December 2000 was passed by this Court.