1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 15 OF 2010 IN COMPANY PETITION NO. 900 OF 2004 In the matter of Section 433 and 436 and 446 of the Companies Act, 1956; Chetan B. Desai .. Petitioner V/s. Pannalal Vanechand Jain .. Applicant And The Official Liquidator, High Court, Bombay. .. Respondent .... Mr. Madhav Jamdar for the Applicant. Ms. Seema Gupta i/b. Mr. A. M. Sarogi for Respondent No.2. Official Liquidator-present. .... CORAM : S. J. KATHAWALLA, J. DATE : JANUARY 21, 2010. P.C. By this Company Application, the Applicant is seeking leave of this Court under section 446 of the Companies Act, 1956 to file a suit inter-alia against the Official Liquidator, High Court Bombay in the Small Causes Court, at Mumbai. The Applicant by filing the proposed suit is desirous of seeking eviction of the 2 Respondent Company/Official Liquidator from the premises situated at 1st Floor of Udyog Bhavan, Unit No. 108, Sharma Industrial Estate, Goregaon (East), Mumbai 400 063 (the said premises). According to the Applicant the Applicant is the tenant in respect of the said premises and the Respondent Company was inducted in the same as a licensee pursuant to a Leave and License Agreement dated 6th may, 2002 for 11 months. Earlier, the Applicant had made an Application before this Court seeking directions to the Official Liquidator to break open the seal of the suit premises and hand over vacant possession thereof to the Applicant. The said Application No. 186 of 2005 was dismissed by this Court by its order dated 6th June, 2008. However, this Court recorded in its order that the correct course of action for the Applicant is to file a suit before the Competent Court in which he can implead the Official Liquidator as party to the proceeding. 2. In view of the aforesaid, the Company Application is allowed in terms of prayer clause (a). [ S. J. KATHAWALLA, J. ]