S. C. DHARMADHIKARI, J.

( 1 ) THIS appeal under Clause 15 of the Letters patent is directed against an order passed by a learned Single Judge of this Court on the above Company Application. By the order dated 13th April 1995 the learned single Judge was pleased to make the company application absolute in terms of prayer Clauses (a), (b) and (c ). The learned judge was also pleased to direct the Official liquidator to make a report within eight weeks from the date of his order and thereafter the company application was to be placed on board for considering prayer clauses (d) and (e) thereof.

( 2 ) THE company application was moved by Respondent No. 3 before us which is the original Applicant. The company application was directed against the Official Liquidator of M/s. Modella Textiles Industries Private limited who was impleaded as Respondent no. 1 and the Appellant before us was impleaded as respondent No. 2 to the same.

( 3 ) BY the company application the original applicant sought a declaration that the second respondent (appellant) who is in occupation of an office premises bearing no. 4-C of 4th floor of Vulcan Insurance building situate at Veer Nariman Road, mumbai 400