ERACH BOMAN KHAVAR Vs. TUKARAM SRIDHAR BHAT

JUDGEMENT

(1.) THE applicant has invoked the jurisdiction of this Court under Section 446 of the Companies Act, 1956 ('the Companies Act' for short), to seek leave to file and proceed with the suit in the Small Causes Court at Mumbai filed under Section 41 of the Presidency Small Causes Court Act, 1882, against the Official Liquidator and one another.

(2.) THE factual matrix giving rise to the present application is as under:

(3.) THE present applicant made Company Application No. 45 of 2006 before the learned Company Judge under Section 446 of the Companies Act for leave to file eviction suit under Section 41 of the Presidency Small Causes Court Act against the Official Liquidator of the said company in liquidation and the alleged sub -tenant (Mr. Tukaram Shridhar Bhat). The said company application came to be disposed of by the learned Company Judge (Mr. Vazifdar, J.) on 23 -2 -2006, by the following order: