SARIGAM CONTAINERS PVT LTD Vs. MAGATUL INDUSTRIES LTD

JUDGEMENT

(1.) By way of present application, applicant M/s Videocon International Limited has approached this Court seeking a direction against the Official Liquidator to forthwith remove the seals put by him on the office premises being room no. 33 on the third floor in the building known as Ajaydeep situated at 240, Perin Nariman Street, Fort, Mumbai(hereinafter referred to as the said premises) and permit the applicant to enter the same and use the said premises as tenant thereof.

(2.) Briefly stated, the said premises were owned and possessed by M/s Magatul Industries Limited (Company in Liquidation hereinafter referred to as the Company). The petitioner M/s Sarigam Containers Private Limited, one of the creditors of the said Company in Liquidation had issued statutory notice on 26th July 1996. As the demand remained unfulfilled, the petitioner proceeded to file Company Petition No. 14 of 1997 praying for winding up of the Company, on or about 25th October 1996/28th November 1996.

(3.) The said Company Petition was accepted by the Company Judge on 16th January 1997, whereafter the Company entered appearance in the said proceedings. During the pendency of the said Company Petition, however, the Company executed rent note on 20 rupees stamp paper on 13th June 1997.