MONOJ LAL Vs. UNITED SPIRITS LIMITED

JUDGEMENT

(1.) The lessors of premises No. 6, Gorkey Terrace, Kolkata - 16 apply before this Court. They are also the owners of this property. There is a fat on its ground floor. It was let out as to a company, Shaw Wallace and Company Ltd. Now, it is no longer in-existence. The flat is under lock and key. Throughout the hearing of this application it was not disclosed as to who locked it or who has its keys. The applicants claim possession of this flat. This claim is resisted by United Spirits Ltd. It can only be inferred that they are in possession of the flat. The applicants instituted a suit against Shaw Wallace Company in the Presidency Small Causes Court at Calcutta, being Ejectment Suit No. 22 of 2008-E. The ground for filing the suit was that Shaw Wallace was not paying any rent, keeping the flat under lock and key and that the applicants needed it for accommodation. The claim was for recovery of possession and for a decree for mesne profits.

(2.) There was a scheme of amalgamation between Shaw Wallace and Company Ltd. & United Spirits Ltd., under section 391 to 394 of the Companies Act, 1956. This Court sanctioned the scheme on 16th January, 2009. Under it all the assets and liabilities of Shaw Wallace including its rights in contracts and in legal proceedings became vested in United Spirits Ltd. The schedule of assets appended to the scheme showed that amongst other assets the above property was to vest in this transferee company.

(3.) The applicants preferred an appeal from the orders sanctioning the scheme. It was heard before a Division Bench of this Court. In the judgment and order of the Division Bench, made on 24th March, 2009, it was recorded that the learned counsel on behalf of the "respondents" (United Spirits Ltd.) conceded that the landlord had a right and that this property should be deleted from the schedule of assets. Hence, the Court ordered that the property be deleted from the schedule of assets. After sanction of the scheme Shaw Wallace and Company Ltd. was dissolved.