1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Company Application no.1333 of 2008 in Company Petition No.283 of 1994 Radhakrishna Rungta ..Applicant vs. The Official Liquidator of M/s Shree Prithvi Cotton Mills Ltd. (in liquidation) ...Respondent Mr.C.N.Mehta for applicant None for respondent Dy.Official Liquidator present. CORAM: S.J.KATHAWALLA J. 14th August, 2009 P.C. 1 This application is taken out by the applicant for order and directions against the respondent Liquidator to unseal the cabin of the applicant situate in 401, Cotton Exchange Building, Kalbadevi Road, Mumbai 400 002 admeasuring about 150 sq.ft.(approx) and hand over the possession of the cabin to the applicant. The applicant is an ex Director of 2 the Company in liquidation. It is his case that he was occupying the said premises and he has allowed the company to use the cabin for maintaining its record and also as a registered office of the company. The applicant is unable to show any right of whatsoever nature in the said premises either by way of ownership or by way of tenancy. It is the applicant s case that current owner of the premises is M/s Pahalani Developers. M/s Pahalani Developers have not issued any rent receipt in favour of the applicant till date. 2 In view thereof, the locus of the applicant to make this application itself is in doubt. The applicant is unable to satisfy the Court that the premises are his premises and that he had allowed the company only to use the same for its registered office. In view thereof the application is dismissed. 3 However, it is clarified that the Court Receiver shall be in possession only in 3 respect of the cabin admeasuring 150 sq.ft. and the remaining portion of the premises shall continue to be used by the applicant. However, the applicant shall not surrender or part with possession and/or create any third party rights in respect of the premises in their occupation without leave of this Court. (S.J.KATHAWALLA J.)