(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. The appellant has filed the present appeal against the judgment of the learned Single rendered in Company Application No.582 of 2008 and cognate matters, filed by the Official Liquidator for payment of arrears of rent, for the interim period, in respect of the property of the Company in liquidation, wherein the learned Single Judge has observed as under:
"24. Under the above circumstances, the application preferred by the Official Liquidator does not deserve to be granted. Hence, the same is dismissed. The aforesaid shall be without prejudice to the rights of the Official Liquidator to recover the rent as per the rent agreement from Decimal Systems Pvt. Ltd. from the date of written statement in which the pleadings are made for payment of the rent up to that particular date till the possession was found with Shri Jayantibhai Patel. Of course, it will be for the Official Liquidator to examine the record of the company as to whether any rent has been credited or not and it would also be open to Decimal Systems Pvt. Ltd. to show as to whether any payment is already made or not.
2. Said order is challenged by the present appellant on the ground that for the interim period he was not in possession and as per the agreement respondent No.2 was required to pay the rent. It is required to be noted that there is a serious dispute, as to who was actually in possession during the intervening period, and therefore, an exercise is required to be carried out by the Official Liquidator, as per the direction of the learned Single Judge to determine, whether the appellant or respondent No.2 was in possession and is required to pay the rent for the interim period. However, as observed by the learned Single Judge, same is without prejudice to the rights and contentions of the Official Liquidator to recover the rent, as per the rent agreement from the appellant, from the date of written-statement in which pleadings are made for payment of the rent up to that particular date. The liquidator may examine the record and on the basis of such inquiry he may proceed further, accordingly.
3. It is clarified that after conducting the aforesaid exercise, if, the Official Liquidator comes to the conclusion that the appellant or respondent No.2 is required to pay the rent, he may take out appropriate proceedings to recover the rent, as ordered by the learned Single Judge. The appeal stands DISMISSED in the above terms.
(P.B.
MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top