D. V SHYLENDRA KUMAR, J.

( 1 ) COMPANY Application Nos. 106 of 2002 and 1795 of 2003 are filed in company Petition No. 149 of 1998.

( 2 ) THE earlier application namely C. A. No. 106 of 2002 is by the secretary, Department of Commerce and Industries, Government of karnataka, under the provisions of Rules 6 and 9 of the Companies (Court) Rules, 1959, praying for permission of the Court to appoint the deputy Commissioner, Dharwad District, as the Independent Liquidator in place of the Divisional Commissioner, Belgaum, who had been earlier permitted to be appointed as the Liquidator of the Company in terms of the order dated 2-3-2000 passed by this Court in C. A. No. 56 of 1999. The reason attributed is that the post of Divisional Commissioner, was about to be abolished and as such in his place, the Deputy commissioner, Dharwad District, Dharwad, may be permitted to be so appointed.

( 3 ) C. A. No. 1795 of 2003 is filed subsequently in the very Company petition purporting to be by the very Company represented by its managing Director praying for permission of the Court to be granted in favour of the applicant to appoint Ms. R. S. Sujatha, Additional Director (Disinvestment), Department of Disinvestment, to be the Independent liquidator of the Company for the purpose of discharging her duties and functions as Liquidator under the provisions of the Companies Act, 1956 and under the supervision of the Court.

( 4 ) THESE applications have come up for orders along with Company application No. 762 of 2003 filed by certain persons who claim ownership of the land wherein the factory of the Company under liquidation is located and that though the lease of the land in favour of the Company was one perpetuity, the terms of the deed provided that the land will revert to the owners if the Company is ordered to be wound up. It is on such premise, the application is filed praying for directions to any person in charge of the affairs of the respondent-Company to hand over possession of the schedule premises in favour of the applicants.

( 5 ) SRI Narayana, learned Government Pleader submits that he appears on behalf of respondents 2 and 3 in C. A. No. 762 of 2003 and the applicants in C. A. Nos. 106 of 2002 and 1795 of 2003. Though no written objections have been filed in C. A. No. 762 of 2003 on behalf of respondents 2 and 3, Sri Narayana, learned Government Pleader appearing for these respondents has opposed the prayer in this application and has also submitted that there are certain developments before the Government particularly as there is a proposal for acquisition of the very land itself by the Government and that a bill has been introduced for the purpose of said acquisition before the Assembly and the bill has been passed but is awaiting permission of President of India etc. , and on such premise requests the matter to be adjourned by not less than 8 to 10 weeks.

( 6 ) I have also heard Sri Ramdas, learned Counsel appearing for the applicant in C. A. No. 762 of 2003, Sri Deepak, learned Counsel appearing for the Official Liquidator, Sri N. Krishnananda Gupta, learned Counsel appearing for the 2nd respondent in C. A. No. 106 of 2002 along with the learned Government Pleader.

( 7 ) M/s. KARNATAKA State Textiles Limited is a Company which was ordered to be wound up by this Court in terms of order dated 5-11-1998 pursuant to the recommendation of the Board for Industries and financial Reconstruction as per its minutes dated 6-7-1998 and as the board was of the opinion that the Company should be wound up and the official Liquidator was directed to take all necessary steps.

( 8 ) IT appears that there was not much progress inasmuch as the state Government which claims the ownership of the Company appears to have not taken any action to hand over the assets of the Company to the Official Liquidator nor do they appear to have complied with any of the requirements of Section 454 of the Companies Act.

( 9 ) HOWEVER, the Official Liquidator appears

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