: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.814 OF 2008 IN COMPANY PETITION NO.970 OF 1997 The Development Commissioner . Kandla Special Economic Zone ....Applicant V/s. The Official Liquidator of . M/s.Otoklin Plants & Equipments . Ltd. (In liquidation) ....Respondent Mr.B.B. Parekh for the Applicant. Mr.S. Ramakantha, Deputy Official Liquidator present. CORAM : S.J. VAZIFDAR, J. DATED : 9TH JANUARY, 2009. P.C. : 1. The Applicant, a statutory body has sought an order directing the Official Liquidator to hand over possession of the land admeasuring 1,15,870 sq. mtrs. at the Kandla Special Economic Zone. 2. The Company was wound up by an order dated 4.5.1999. By an Indenture of lease entered into between the Applicant and the company in liquidation, the Applicant had granted to the company a lease for the period of 30 years commencing from 20.5.1993 on the terms and conditions mentioned therein. The lease rent was fixed at Rs.6,39,048/-. The Applicant was permitted to increased the same every ten years : 2 : subject to a maximum enhancement of 50% of each such revision. The arrears of these rents would be payable at 9% p.a. . Under clause 13, the Development Commissioner is entitled to terminate the lease deed for any reason. The Official Liquidator does not state that the property is required for the purpose of liquidation. Nor does he state that the property is required for the purpose of the company pending finalization of the winding up of the Company. 3. In the circumstances, the Company Application is made absolute in terms of prayer (a). The claim for unpaid lease rental shall be made before the Liquidator.