1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.652 OF 2007 IN COMPANY PETITION NO.166 OF 2002 B.I.F.R. ..Petitioner. And The Board of Trustees of the Port of Bombay ..Applicants. V/s. Official Liquidator. ..Respondent. Mr.U.J.Makhija i/b. Mulla & Mulla for petitioner. Mr.Sandeep Parikh a/w Mr.Ayaz Z. Bilawala with Mr.Rajesh Rathod i/b. Bilawala & Co. for Official Liquidator. Mr.D.H.Mehta a/w R.D.Suvarna for respondent No.2. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. DATE : FEBRUARY 11, 2008. P.C. : P.C. : P.C. : 1. In so far as reliefs claimed in prayer clauses (a) and (b) are concerned, in my opinion, those reliefs can be considered by the Official Liquidator in the first instance, who is expected to adjudicate all the claims in relation to the Company in liquidation. The Reliefs claimed in the prayer clause (a) and (b) of the application is essentially of enforcing the rights of the Applicants in relation to the lease agreement. That claim as aforesaid can 2 be adjudicated by the Official Liquidator. The applicants have no objection to approach the Official Liquidator for the said reliefs, which in turn will have to be decided on its own merits in accordance with the law. 2. In so far as prayer clause (b1) is concerned, the said relief is not pressed for the time being by the Applicants with liberty to pursue claim for compensation and/or damages for the loss caused to the structure, which was required to be handed over to the Applicants in terms of the Order of the Supreme Court and which position has been reiterated in the Order dated 24th March, 2006 by this Court, which view has been affirmed by the Supreme Court. This liberty is granted to the Applicants, as the present Application does not clearly spell out nature of damages caused to the structure, which existed at the relevant time, as has been handed over to the Applicants, while taking over possession thereof. The Applicants to pursue such remedy in relation to the said relief by taking out fresh application, which will be decided on its own merits in accordance with the law. 3. The Official Liquidator shall adjudicate the 3 claim of the Applicants, as may be brought before him by the Applicants peremptorily within six weeks from the date of its presentation in the office of the Official Liquidator. 4. Application disposed off on the above terms. 5. As the Board of Trustees of the Port has taken over possession of the premises in question in terms of the Order dated 19th December, 2007, nothing survives for consideration in the present Official Liquidator’s Report dated 21st November, 2007. However, it is made clear that the Board of Trustees of the Port, Bombay have taken possession without prejudice to their rights and contention to claim relief of compensation and/or damages under the lease agreement or otherwise for the loss caused to the building, as alleged by them. In view of this Order, no further orders are required on the Official Liquidator’s Report dated 7th January, 008. The same is also disposed off. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)