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1993 Supreme(Bom) 169

M.L.PENDSE
Ramesh Kumar Jhamb and another – Appellant
Versus
Official Assignee, High Court, Bombay and others – Respondent


JUGDMETN - M.L. PENDSE, J.:---This is an Appeal preferred to challenge Order dated September 4, 1990, passed by learned Insolvency Judge on report dated March 15, 1989, made by the Official Assignee in Insolvency Petition No. 80 of 1984. By the impugned Order, the learned Judge declared that the appellants are not lawful and bona fide tenants/occupants of ownership flat bearing No. 9 in Block B situated at Triveni Co-operative Housing Society Limited, 32nd Road, Bandra, Bombay, and which flat belonged to respondent No. 4-Insolvent. The Order further authorises the Official Assignee to secure vacant possession of the flat from the occupants and, if necessary, with police assistance, and by breaking open the locks and thereafter to sell the Insolvent's right, title and interest in the flat by public auction. The appellants were also directed to pay to the Official Assignee, damages from November 20, 1984, till handing over vacant possession at the rate of Rs. 300/- per month. The learned Judge also directed the appellants to pay a sum of Rs. 2,500/- as costs to respondent No. 5, a creditor, at whose behest the report was initiated by the Official Assignee. The facts which gave rise











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