B D AGARWAL Vs. OFFICIAL ASSIGNEE HIGH COURT

JUDGEMENT

(1.) ADMIT. The respondents waive service. By consent of the parties, taken up for hearing, forthwith.

(2.) THE appellants have challenged in this appeal order dated 1/12/2009 passed by learned Single Judge of this court. By the impugned order, learned Single Judge has disposed of Notice of Motion No.67 of 2009, Notice of Motion No.68 of 2009 and Report No.8 of 2009 submitted by the Official Assignee. THE present appeal revolves around Flat No.305, Blase View 'A' Co-operative Housing Society Limited, Matherpada Road, Amboli, Andheri (West), Mumbai ? 400 058, (for short, "the said flat").

(3.) IN his report being Report No.8 of 2009, the Official Assignee has stated that Mrs. Sangeeta Agarwal and her husband Bansi Dhar Agarwal were adjudicated as INsolvents by order dated 3/6/2003 and, therefore, the Official Assignee took symbolic possession of the said flat standing in the name of Mrs. Sangeeta Agarwal. On 10/1/2008, DRT, Jaipur in Original Application No.25 of 2006 filed by the Central Bank, directed that the symbolic possession of the said flat be handed over to the receiver of the DRT. Accordingly, the possession was handed over to the receiver of the DRT on 22/1/2008. By order dated 24/8/2008, DRT, Jaipur, again directed that the possession of the said flat be handed over to the Official Assignee. The Official Assignee has submitted that Lease Agreement dated 11/4/1996, purportedly entered into by and between the INsolvent Mrs. Sangeeta Agarwal and M/s. Krystal Stone Export Limited under which Mrs. Sangeeta Agarwal has leased out the said flat to the Appellants is not registered. The Official Assignee has stated that as per Clause 10 of the terms and conditions of the said Agreement, in case, the lessee does not perform and/or carry out the terms and conditions of the agreement or commits defaults in payment of rent, the lessor shall be entitled to terminate the agreement. The Official Assignee has further stated that as per the xerox copies of the Society's letter dated 10/1/2001 and 15/2/2001, the lessee has not paid the Society's dues and is in arrears. It is the Official Assignee's case that in view of the fact that the order of adjudication is passed by this court against the INsolvent Mrs. Sangeeta Agarwal, the Official Assignee has stepped into the shoes of the said INsolvent and as assignee of the assets and estates of the INsolvent ? Mrs. Sangeeta Agarwal, he has decided to terminate Lease Agreement dated 11/4/1996. The Official Assignee has, therefore, prayed that the court may pass an order authorizing the Official Assignee to terminate the said lease agreement. The Official Assignee has further prayed that he may be permitted to hold the possession of the said flat which is handed over to him by the receiver of the DRT, Jaipur.