ROHTAS INDUSTRIES LTD Vs. OFFICIAL LIQUIDATOR

JUDGEMENT

(1.) Flag-439 filed by M/s. Indequip Leasing and Finance Ltd. was taken up for consideration yesterday only. It was recorded in yesterday's proceedings that although the counsel had been saying that M/s. Indequip Leasing and Finance Ltd., is the tenant of the property and as such they cannot be evicted by the Official Liquidator. This Court had made it clear that in accordance with the powers vested in the Company Court under Section 456, read with Section 457, the Company Court is entitled to evict each and every person, who is in possession of the property of the company and if the Court wants to exercise such powers what right a tenant would have, the learned counsel for M/s. Indequip Leasing and Finance Ltd. did not make any submission on that aspect of the matter. Instead of passing the orders on Flag-439, I directed that the matter be taken up today so that the tenant in possession may make an offer for alienating the property under tenancy in his favour. The matter is taken up today.

(2.) Sri Madhuresh Prasad, learned counsel appearing for M/s. Indequip Leasing and Finance Ltd., submits that it was not possible for the arguing counsel to seek instructions from the tenant about his offer.

(3.) Taking into consideration that much time had flown and even on 8-11-2004 time was given to M/s. Indequip Leasing and Finance Ltd. to make the offer and they have not made any offer, I propose to dispose of the application at Flag-439, the arguments on which were already heard.