ASHOKA STEEL CORPORATION PVT. LTD. AND HARIRAM CHAMARIA & ORS. Vs. THE OFFICIAL LIQUIDATOR, HIGH COURT AT CALCUTTA

JUDGEMENT

(1.) This application has been made under Sections 446 and 535 of the Companies Act, 1936, by Hariram Chamaria and Others, for direction on the Official Liquidator to make over vacant possession of the portion of premises No 46, Grant Trunk Road Liluah, which had been allotted to the applicants by a registered deed of P ition dated 25th Oct., 1996, or, in the alternative, for the direction on the Official Liquidator to disclaim the said property.

(2.) On behalf of the applicants Mr. Saha submitted that one Kishan Devi Chamaria, Shew Prashad Chamaria and Hariram Chamaria were the owners of the land measuring 7 bighas 3 cottahs and 8 chittacks, together with the structures thereon, at premises No 46, Grand Trunk Road, Liluah by an indenture cated 26th Sept., 1960, Ktshan Devi Chamaria, Shew Prasad Chamaria and Hariram Chamaria demised the said premises in favour of General Produce Co. Ltd for a period of thirty years with an option to renew the same to a further period of live years.

(3.) Shew prasad Chamaria expired on 11th Jan., 1972 and his eldest son. Umashankar Chamaria became kana of the Hindu undivided Family consisting of himself and his his other brothers and at such karta he became entitled to the abate of Shew Prasad Chamaria in the said premises.