OFFICIAL LIQUIDATOR OF M/S JAIPUR SPINNING & WEAVING MILLS LTD. (IN LIQUIDATION) Vs. THE PODAR MILLS LTD. PODAR CHAMBERS

JUDGEMENT

(1.) This application has been filed under Rule 9 of the Company (Court) Rules, 1959 read-with section 151 CPC, 1908 for consolidation and joint trial of S.B. Company Application No. 75/2013 along with S.B.Company Application No. 21/1988; titled as O.L. of M/s. Jaipur Spinning and Weaving Mills Ltd. v. M/s. Podar Mills Ltd. and Ors.

(2.) Extensive arguments were heard on behalf of both the sides. Applicant-OL submits that the Company Application No. 75/2013 has been preferred by the OL wherein it has been prayed that the respondents be directed to handover peaceful, lawful and vacant possession of the property let out to it by the lease deed dated 30.12.1964 and subsequently on modified lease deed dated 23.08.1968 further it is prayed to allow the OL to sell/auction the properties after valuation in terms of the directions issued by this Court in its judgment dated 07.12.2007. It has also been prayed in the said application to declare the transactions executed by the Poddar Mills Limited in favour of respondent Nos. 7, 5 and 6 as null and void. Permission has also been sought to take possession of the property with the help of District Magistrate in terms of Clause (1A) and (1B) of the provision of section 456(1) of the Companies Act, 1956.

(3.) OL also submits that there is another application No. 21/1988 pending before this Court wherein directions have been sought to take actual possession of the property from the respondents therein in terms of the lease deed dated 30.12.1964 and modified lease deed dated 23.08.1968. Respondent Nos. 5, 6 and 7 of S.B. Compnay Application No. 75/2013 are not parties in S.B.Company Application No. 21/1988.