HON’BLE SRI JUSTICE G.V.SEETHAPATHY COMPANY APPEAL No.5 of 2010 JUDGMENT: This appeal is filed seeking modification of the order dated 23.02.2010 issued by the Official Liquidator in FormNo.69 and for a direction for payment of Rs.16,85,885/- to the appellant. Heard the learned counsel for the appellant and the learned counsel representing the Official Liquidator. Perused the report filed by the Official Liquidator. The appellant is the owner of the premises comprised in plot No.1 of APEL Building, IDA Area Electronics Complex, Kushaiguda, Hyderabad, admeasuring 6246 sft. The respondent-Company became the tenant of the said premises from 13.03.1991 on a monthly rent at the rate of Rs.2.50 per sft. It is alleged that the respondent-Company was not regular in payment of rents and committed default from July, 1992. The respondent-Company went into liquidation. The appellant raised a claim for payment of the arrears of rent before the Official Liquidator. The Official Liquidator passed an interim order on 23.02.2010 admitting the liability for a total sum of Rs.7,33,905/- for the period from 25.01.1992 to 08.11.1996 i.e. upto the date of winding up of the respondent-Company and treated the same as an unsecured debt. It was further ordered that the post winding up rental arrears upto 06.12.2001 is a sum of Rs.9,51,980/-. The appellant, therefore, claims that a total amount of GVS,J CA_5_2010 2 Rs.16,85,885/- (Rs.7,33,905/- + Rs.9,51,980/-) was due and seeks a direction for payment thereof. The Official Liquidator in his OLR.No.303 of 2010 stated that the claim in respect of pre-winding up period is to be bifurcated into two periods (i) in respect of the area acquired on lease by the respondent-Company for 6246 sft. for the period from 25.01.1992 to 21.07.1993, which comes to Rs.3,91,382.35 ps; and (ii) in respect of the area acquired on lease by the respondent-Company for 3482 sft. for the period from 22.07.1993 to 08.11.1996, which comes to Rs.5,86,676.90 ps. It is further stated in the report that, inadvertently at the time of adjudication of the claim, notice was issued for a full extent of 6246 sft. though actually an area of 2764 sft. was surrendered to the appellant/claimant on 22.07.1993, and an extent of 3482 sft. alone was in the possession of the company in liquidation. Thus, according to the Official Liquidator, the total amount before the date of winding up order in respect of the entire extent of 6246 sft. for the period from 25.01.1992 to 22.07.1993 comes to Rs.2,80,029/- and for the period from 22.07.1993 to 07.11.1996 in respect of 3482 sft. comes to Rs.3,44,717.68 ps. making a total of Rs.6,24,746.68 ps. In view of the categorical admission made in the report that inadvertent mistake was committed in calculating the amount payable in respect of the extent in occupation during the relevant periods which has resulted in erroneous adjudication of the claim, it is considered just and necessary to remit the matter GVS,J CA_5_2010 3 back to the Official Liquidator for fresh adjudication of the claim in respect of the claim for period prior to the date of winding up order. However, in so far as post winding up period is concerned, it is stated in the report filed by the Official Liquidator that for the period from 08.11.1996, the date of winding up order, till 08.11.2001 i.e. for a period of 5 years 29 days, an amount of Rs.5,31,005/- is payable in respect of an extent 3482 sft. at the rate of Rs.2.50 ps. per sft. The said claim in a sum of Rs.5,31,005/- is admitted as payable towards post winding up lease rentals and treated as priority expenses by the Official Liquidator. The appellant is, therefore, entitled for payment of the said amount by the Official Liquidator straightaway and a direction is given accordingly for payment of the said amount. In the circumstances, the appeal is disposed of with a direction to the Official Liquidator to pay an amount of Rs.5,31,005/- being the post winding up lease rentals to the appellant and that the matter is remitted to the Official Liquidator for fresh adjudication of the claim in respect of the pre winding up lease rentals. In the result, the appeal is disposed of accordingly. G.V.SEETHAPATHY,J Date:20.07.2010 usd