1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO.45 OF 2010 IN COMPANY PETITION NO.212 OF 1989 Nirmal Kumar Sakseria ....Petitioner V/s. The Official Liquidator of Chemox Synthetics Textiles Pvt. Ltd. ((n liquidation) ....Respondent And Natwarlal Agarwal ....Applicant Mr.Devrath Singh Dhankar i/b M/s.R.K. Associates for the Applicant. Dr.T. Pandian, Deputy Official Liquidator present. CORAM : S.J. VAZIFDAR, J. DATE : 8TH JUNE, 2010. P.C. :- 1. The Applicant, it is true, was a director of the company in liquidation. The Applicant seeks possession of the premises sealed by the Official Liquidator. The Applicant claims to be a tenant of the said premises. According to him, he merely permitted the company in liquidation to use the said premises, as he was a director therein. No rights have been created in favour of the company in respect of the said premises. 2. The Official Liquidator does not claim any interest in respect of the said premises on behalf of the company in liquidation. It is not the Official Liquidator’s case that the company is a tenant or an owner of the premises. In fact by a letter dated 17.9.2001, the Official Liquidator had 2 directed the Applicant to make an application to this Court for taking back possession of the premises. 3. In the circumstances, there can be no objection to granting the application. It is however, clarified that this order will not affect the rights of any other third parties including the landlord, if any. 4. Accordingly, the Company Application is disposed of by the following order :- i). The Company Application is made absolute in terms of prayers (a) and (b).Subject to the above clarification, the order shall be complied with on or before 15.7.2010.