1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.357 OF 2008 IN COMPANY APPLICATION NO.186 OF 2005 IN COMPANY PETITION NO.900 OF 2004 WITH NOTICE OF MOTION NO.3192 OF 2008 IN APPEAL NO.357 OF 2008 Shri.Pannalal Vanechand Jain. ...Appellant Vs. 1.Shri.Chetan Desai & others. ...Respondents. --- Mr.A.A.Kumbhakoni with M.J.Jamdas, for Appellant. Mr.A.M.Saraogi with Ms.Gupta, for Respondent no.2. --- CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 27th April, 2009. P.C.:- 1. The appeal is preferred against the order of learned Single Judge dated 6.6.2008. By that order, 2 an application filed by the appellant was rejected. In the application that was filed by the appellant before the learned Single Judge, the appellant was seeking direction to the Official Liquidator who has been appointed as provisional liquidator of a company to break open the seal of the premises and hand over vacant possession thereof to the appellant. The appellant claims to be a tenant of these premises and according to him, he had inducted the Company in the premises, in relation to which the Official Liquidator has been appointed, as licensee. The applicant was seeking vacant possession because, according to him, the period for which the licence was granted is over. The learned Single Judge has rejected his application. In our opinion, even assuming that the Company was licensee and the license period is over, still admittedly the Company was in possession on the date on which the Official Liquidator was appointed as provisional liquidator may be as a licensee holding over, and therefore, as the premises are actually in possession of the Company, the provisional Liquidator who has been appointed as Official Liquidator would be entitled to 3 be in possession. The applicant who claims to be the tenant will not be able to get possession unless he obtains order by adopting due course of law. The Company Court, in our opinion, therefore, has rightly rejected his application. There is no substance in the appeal. It is dismissed. Notice of motion no.3192 of 2008 is also disposed of. (D.K.DESHMUKH, J.) (R.S.MOHITE,J.) ---