THE MAHARAJA KISHANGARH SOMYAG, MILLS CO. (TRANS). LTD. Vs. THE OFFICIAL LIQUIDATOR APPOINTED BY THE HONBLE COURT

JUDGEMENT

(1.) The present order shall govern all the aforesaid company applications preferred by Maharaja Kishangarh Somyag Mills Co. (Trans.) Ltd., Kishangarh (hereinafter referred as the 'old company').

(2.) For disposal of the aforesaid company applications the brief facts, which are not disputed, need to be mentioned relating to the Company Petition No. 3/1956 wherein the present company applications have been moved.

(3.) An agreement dated 20/01/1943 was executed for lease of plant and machines and land and building of the old company in favour of Maharaja Kishangarh Mills Company Limited (hereinafter referred as the 'company in liquidation'). The company in liquidation was ordered to be wound up in the Company Petition No. 3/1956 vide order dated 11/04/1958 at behest of one Standard General Insurance Company Limited, one of the creditors. The Official Liquidator (hereinafter referred as 'OL'), in pursuance of the winding up order, took possession and charge of the properties of the company in liquidation under section 456 of the Companies Act, 1956 in 1958. The old company submitted claim for possession before the OL relating to lease of land and building which was rejected by the OL on 11/01/1960. The appeal preferred under Rule 164 against order of the OL came to be allowed by this Court vide order dated 04/07/1960 to certain extent. The old company as well as one Central Bank of India, creditor of the company in liquidation preferred cross-objections in DB Civil Special Appeal which was dismissed on 16/01/1964. The OL was transposed as an appellant in the said appeal and liberty was granted to the OL to file claim before the Company Court as against the construction made by the lessor company on the property in question. The old company preferred a Company Petition No. 7/1972 before this Court wherein an application under Order 6, Rule 17 CPC 1908 was filed by the old company seeking amendment in the said Company Petition No. 7/1972. The High Court vide order dated 21/12/1979 held that the Execution Petition No. 7/1972 as well as the amendment sought were erroneously moved and it was directed as under:-