1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application No.113 of 2009 in Company Petition No. 201 of 1994 M/s K.R.Steel Union Limited ..Petitioner vs. Official Liquidator of Poysha Industrial Co.Ltd. .Respondents and Ion Exchange (India) Ltd. ..Applicants Mr.R.D.Dave i/b M/s N.N.Vaishnava and Co. for applicants. Dy.O.L.present. CORAM: S.J.KATHAWALLA J. 31 st July, 2009 P.C. 1 This application is taken out by the applicants seeking leave under section 466 of the Companies Act, 1956 to file a suit against the Official Liquidator in the Court of Small Causes at Bombay for eviction of the Liquidator from the area admeasuring 3760 sq. ft. situated at the first floor of TIPCION at 2 Dr.Mozes Road, Mahalaxmi, Mumbai (said premises) of which M/s Poysha Industrial Co.Ltd. (in liquidation) was the tenant. The Liquidator has pointed out that the Liquidator has already handed over possession of the said premises to M/s Kaira Can Co. Ltd. as per the order of this Court dated 20 th February, 1990 in Application (Ld) No.97 of 1998 taken out by the applicants M/s Kaira Can Co. Ltd. in Company application (Ld) No. 97 of 1998. Since the Liquidator has already handed over possession of the said premises to M/s Kaira Can Co. Ltd. as per the order of this Court the question of the applicants now filing a suit against the Liquidator seeking his eviction from the said premises as set out in prayer clause (b) of the application does not arise. In view thereof, the application is dismissed. (S.J.KATHAWALLA J.) 3