EAST INDIA TRADING COMPANY Vs. RADHA KANTA DHAR

JUDGEMENT

(1.) THIS appeal is at the instance of an alleged sub-tenant under the company-in-liquidation and is directed against an order dated 4th May, 2010 passed by a learned Single Judge, by which His Lordship, while disposing of an application under section 535 of the Companies Act (hereinafter referred to as the Act) filed by the landlord of the premises in question, gave liberty to the said applicant to institute a suit against the company-in-liquidation subject to the condition that such suit should be instituted only in the Company Court.

(2.) BEING dissatisfied, the alleged sub-tenant has come up with the present appeal.

(3.) THE learned Company Court on consideration of the materials on record came to the conclusion that the Official Liquidator could not assist the Court to arrive at the conclusion as to whether prior consent in writing of the applicant was obtained by the company-in-liquidation for subletting the property in favour of the present appellant and in such circumstances, the learned Single Judge decided to give leave the applicant to institute a suit against the company-in-liquidation subject to the condition that such suit should be instituted in the Company Court.