PODDAR PROJECTS LTD Vs. ECONOMIC TRANSPORT ORGANISATION LTD

JUDGEMENT

(1.) GA No. 2883 of 2013 is an application under Chapter 13A of the Original Side Rules seeking a summary eviction of the defendant upon expiry of the notice period. The plaintiffs are the joint owners of the suit premises, namely 18, Rabindra Sarani, Kolkata - 700001. By a scheme sanctioned by this court under Sections 391(2), 392 and 394 of the Companies Act, the ownership of the area demised to the defendant was changed in the following manner:-

(2.) The petitioners are the joint owners of 8605 sft. of Premises No. 18, Rabindra Sarani, Kolkata, hereinafter referred to as "the suit premises". The respondent was a monthly tenant in respect of a portion of the ground floor of Poddar Court measuring about 9725 sft. On 19th August 1997, Poddar Udyog Limited, Poddar Projects Limited, Maharshi Commerce Limited and Hope Cardamom Estates Limited filed an application for sanction of a scheme of arrangement being CP No. 304 of 1997. At the time of presentation of the said petition, Poddar Udyog Limited was owner of an undivided equivalent to 1120 sft of the tenanted premises and the plaintiff No.1 was the owner of an undivided share equivalent to 8605 sft. of the tenanted premises. In terms of the Scheme of Arrangement sanctioned by an order dated 7th April 1998, he entire undivided share representing 1120 sft. owned by Poddar Udyog Limited in the tenanted premises stood transferred to the plaintiff No.2. Further, a part of the undivided share owned by the plaintiffs No.1 represented 1935 sft. in the tenanted premises also stood transferred to the plaintiff No.2.

(3.) With effect from the date of sanctioning of the scheme i.e. on and from 19th August 1997, the plaintiff No.1 became owner in respect of 6670 sft. and Maharshi became joint and undivided owner of 3055 sft.