1. The applicant has prayed for the following reliefs in this Judge's Summons:-
(a) This Honourable Court may be pleased to declare that the action of the official liquidator to take possession of the subject premises purportedly under the orders of this Honourable Court dated : 22.11.2010 and 23.12.2010 in Company Petition No.133 of 2010, as being unauthorized and beyond the scope of the directions given by this Honourable Court in the order dated 22.11.2010 and 23.12.2010;
(b) This Honourable Court may be pleased to pass appropriate orders directing the Official Liquidator to open the lock and the seal of the subject premises and hand over the possession thereof to the present applicant who is the owner of the subject premises;
(c) Pending admission and final disposal of this application, this Honourable Court be pleased to restrain the Official Liquidator from taking any further steps/actions in respect of the subject property and be pleased to restrain the Official Liquidator from dealing with and/or transferring the subject property in any manner whatsoever;
(d) Pending admission and final disposal of the present application, this Honourable Court be pleased to direct the Official Liquidator to open the lock and the seal of the subject premises and hand over the possession thereof to the present applicant who is the owner of the subject premises;
(e) Grant such other and further relief/s as may be deemed fit and proper in the interest of justice."
2. It is a matter of record that the Official Liquidator has filed a report dated 17.12.2011, wherein certain objections have been raised. It transpires from the record of the petition that the applicant as well as the Company in liquidation have entered into a consent decree in a suit filed by the present applicant before Small Causes Court, Surat being Small Civil Suit No.283 of 2000, wherein it was prayed as under:-
"1) That decree may be passed against the defendant for recovery of possession of the suit premises consisting of Block no.4, 5, 6 & 7 on the 2nd floor admeasuring 1368 sq. ft. corresponding with 127.11 sq. mts. AND Block no.2/C, adm. about 33. sq. ft. corresponding with 30.66 sq. mtrs., on the 2nd Floor, of the building known as "Resham Bhavan" in Ward no.7 Nondh no.279, Lal Darwaja, Surat City.
2) That a decree may be passed for recovery of arrears of rent and other charges of Rs.32,287/-.
3) That a decree may be please be passed for mense profit at the monthly rate of Rs.615-60 ps. For Block No : C-D-E-F ie. 4, 5, 6 & 7 AND at the monthly rate of Rs:148-50 for Block no : 2/C from July'2000 till recovery of possession.
4) Costs may please be awarded to the plaintiff from the defendant.
5) Any other relief or reliefs which may deem fit in favour of justice be passed."
3. It further transpires from the record that on the basis of compromise record between the applicant and the Company in liquidation in the said suit before the Small Causes Court, Surat, a consent decree has been passed by the Small Causes Court, Surat dated 29.6.2010. It appears that while considering the application and the prayers prayed for in the present application, the Official Liquidator has not considered this aspect in his report dated 17.12.2011. The other report filed by the Official Liquidator dated 6.3.2012 and further report dated 28.3.2012 deal only with the movables lying in the premises in question.
4. The Official Liquidator is, therefore, directed to verify the facts of the lease deed which was subject matter of the suit before the Small Causes Court, Surat and the fact that the consent decree has been executed on 29.6.2010 and after examining the same, file a further detailed report.
5. It would also be open for the applicant to file proper response to the said aspects independently of the report. The Official Liquidator is also further directed to examine the aspect whether during pendency of the reference before the BIFR, the Company in liquidation was authorised to enter into any such compromise decree or not. The Official Liquidator shall verify all the aforesaid aspects and submit his report latest by 16.6.2012. S.O. to 25.6.2012.
[R.M.CHHAYA, J.] mrpandya Top