I-NOVA SOLUTIONS LIMITED Vs. SMT. SARBANI BHATTACHARYA

JUDGEMENT

(1.) This application under Section 535 of the Companies Act, 1956 (in short, "the Act of 1956") is at the instance of the petitioning creditors in CP No.65 of 2014 seeking for a direction upon the Official Liquidator to disclaim the property, being the entirety of a third floor of premises no.88A, Sarat Bose Road, Kolkata-700 026 (hereinafter referred to as "the said flat") which was let out to the company (in liquidation). The company (in liquidation) was using the said flat as its registered office.

(2.) The claim of the petitioning creditors in the winding up application arose on account of outstanding lease rentals payable by the company for the said flat. The winding up application of the petitioning creditors, CP No.65 of 2014 was admitted. Thereafter, by an order dated December 17, 2015 passed by a learned Single Judge the company was directed to be wound up and the Official Liquidator was directed to take possession of all the assets, properties and affairs of the company. Admittedly, the Official Liquidator has taken possession of the said flat. The Official Liquidator has not paid any rent of the said flat and the said flat has become onerous for the Official Liquidator. Accordingly, the petitioners have prayed for disclaimer of the said property by the Official Liquidator.

(3.) The Official Liquidator has filed an affidavit disclosing the relevant documents showing that the said flat is in his possession. The Official Liquidator is ready to disclaim the said flat and make over possession thereof to the petitioners, being the owners.