SST MEDIA PRIVATE LIMITED Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) These two appeals arise out of the orders dated May 14, 2013 and October 30, 2014 respectively passed by the learned Company Judge in the proceedings for disclaimer of the property being a flat comprising 10,000 square feet (approx) on the ground floor and basement of premises no. 119, Park Street, Kolkata and two covered and two uncovered car parking space (hereinafter referred to as "the said property") owned by the respondent no.

(2.) By the first order, the learned Company Judge directed the Official Liquidator to disclaim the said property, to evict the appellant from the said property, if necessary, by use of police force and handover possession of the property to the respondent no. 2, latest by June 15, 2014. The Official Liquidator did not comply with the first order, the respondent no. 2 sought execution of the first order, and the second order dated October 30, 2014, was passed directing the Police Authorities to render all help and assistance to the Official Liquidator to handover vacant possession of the said property to the respondent no. 2. Both the appeals are filed by the purchaser of the business of the company in liquidation, SST Media Private Limited (hereinafter referred to as "SST Media").

(3.) The respondent no. 2, let out the said property to a company, Xenitis Infotech Ltd. as a licensee, for a period of three years from December 01, 2005, at a monthly fee of Rs. 6,14,000/-. In March, 2006 Xenitis Infotech Ltd. requested the respondent no. 2 to allow its sister concern the said SST Media to carry on its business activities from the said property. Thereafter, the said SST Media started to use the said property as its registered office. However, the said Xenitis Infotech though remained liable for payment of the monthly licence fee to the respondent no. 2, did not pay the licence fee. The respondent no. 2 filed a suit being C.S. No. 74 of 2008, before this Court, against both Xenitis Infotech ( as the defendant no. 1) and SST Media (as the defendant no. 2), for recovery of the outstanding licence fee and possession of the said property. In an application filed in the said suit by an order dated April 17, 2008 a learned Single Judge appointed a Special Officer to ascertain as to the persons in occupation of the said property.