IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL NO.368 OF 2008 NO.368 OF 2008 NO.368 OF 2008 IN IN IN COMPANY COMPANY COMPANY APPLICATION NO.221 OF 2001 APPLICATION NO.221 OF 2001 APPLICATION NO.221 OF 2001 IN IN IN COMPANY COMPANY COMPANY PETITION NO.416 OF 1997 PETITION NO.416 OF 1997 PETITION NO.416 OF 1997 M/s. Simshah Estates and Trading Company Pvt. Ltd. ..Appellants (Org.Applicant) V/s. Official Liquidator, High Court, Bombay & Ors. ..Respondents ....... Mr. Arif Bookwala with Mr. Balsara i/by Harakchand & Co. for the Appellants Mr. V.S. Khanarkar i/by Mr. Kedar Dighe for Offical Liquidator Mr. M.P. Ramarao, Official Liquidator is present in Court. ....... CORAM CORAM CORAM : SMT RANJANA DESAI & : SMT RANJANA DESAI & : SMT RANJANA DESAI & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE :30TH SEPTEMBER, 2008 :30TH SEPTEMBER, 2008 :30TH SEPTEMBER, 2008 P.C.: 1. In this appeal order dated 14th March, 2008 passed by learned Single Judge disposing of the company application filed by the appellants is under challenge. In the application, a direction was sought against the Official Liquidator to take possession of the premises admeasuring 3,500 sq.ft. situated on the 2nd floor in the building known as Buena Vista, Worli, Mumbai - 400 025 (’suit premises’ for convenience) from Respondent No.2 in terms of order dated 15th February, 2000 passed : 2 : in Company Petition No.416 of 1997. 2. Admittedly, Ms. Atash Industries Pvt. Ltd. was wound up by learned Single Judge of this Court by his order dated 15th February, 2000. The appellants are the tenants of the suit premises. It is the case of the appellants that the suit premises were given on leave and license basis to Ms. Atash Industries Pvt. Ltd. The leave and licence agreement expired on 28th February, 1997. Ms. Atash Industries Ltd. did not vacate the suit premises and, therefore, eviction notice has been issued by the appellants on 29.1.1998. 3. Learned Single Judge has observed that Ms. Atash Industries Ltd. was stated to be in occupation of the suit premises only in terms of leave and license agreement, the period whereof has already expired long back. He has further observed that third party claims to have been put in possession of the suit premises in his own rights and those matters will have to be examined in appropriate proceedings, if resorted to by the appellants before the Court of competent jurisdiction. Learned Single Judge disposed of the application with liberty to the appellants as aforesaid. : 3 : 4. In our opinion, no interference is necessary with the impugned order. If the third party is in possession of the suit premises, the Official Liquidator if he is so advised can take possession thereof after following due process of law. In the circumstances, the appeal can be disposed of by passing following order:- 5. The Official Liquidator, if so advised, may adopt any proceedings in accordance with law against Ms. Atash Industries Pvt. Ltd. or any third party, who may be in possession of the suit premises to evict them. If any such proceedings are adopted by the appellants or the Official Liquidator, the Court seized of the matter shall deal with the same in accordance with law and without being influenced by observations, if any, made by learned Single Judge as regards the nature of possession of Ms. Atash Industries Pvt.Ltd. Impugned order is confirmed with above clarification. 6. The appeal is disposed of in the aforesaid terms. JUDGE JUDGE JUDGE JUDGE JUDGE JUDGE