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1992 Supreme(SC) 190

M.N.VENKATACHALIAH, A.M.AHMADI, B.P.JEEVAN REDDY
Nirmala R. Bafna / Kershi Shivax Cambatta: Kershi Shivax Cambatta – Appellant
Versus
Khandesh Spinning And Weaving Mills Company LTD. , . /official Liquidator: Official Liquidator – Respondent


Advocates:
A.M.KHANWILKAR, B.A.Masodkar, B.K.MEHTA, G.L.SANGHI, MANIK KARANJAVALA, Nitin Thakkar, R.F.NARIMAN, R.N.KARANJAWALA, Sanjay Singh, V.D.KHANNA, VIMAL DAVE

JUDGMENT

B. P. JEEVAN REDDY, J.:—Leave granted.

2. The appeal is directed against the judgment of a Division Bench of the Bombay High Court in Appeal No. 777 of 1986 disposing of the appeal preferred by the appellant with certain directions.

3. Khandesh Spinning and Weaving Mills Pvt. Ltd. went into liquidation at the instance of a creditor. The order of winding up was passed on September 19, 1984 in Company Petition No.59 of 1984. The official liquidator was appointed as the liquidator for the company.

4. The company was the tenant of a flat situated at Church-gate, Bombay. It is a fairly big flat having an area of 3500 sq. ft. The company had its registered office in the said flat until it was shifted to Jalgaon sometime prior to July, 1979.

5. The appellant is the sister of one of the directors of the company. Her husband was the Manager of the company. According to her, she entered into an agreement with the company on July 15, 1979 whereunder a sub-tenancy was created in her favour in respect of the said flat except for a small area of 150 sq. ft. which was retained by the company. According to her, the landlord had orally consented to the creation of sub-tenancy in her favour. Th





























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