The applicant has invoked the jurisdiction of this Court under Section 446 of the Companies Act, 1956 ("the Companies Act" for short), to seek leave to file and proceed with the suit in the Small Causes Court at Mumbai filed under Section 41 of the Presidency Small Causes Court Act, 1882 against the Official Liquidator and one another.

THE FACTS : The factual matrix giving rise to the present application is as under.

2. The applicant herein is the owner of Flat No.12-A located in the building New Sagar Darshan, 81/83, Bhulabhai Desai Road, Mumbai - 400 026 ("the said premises" for short).

3. M/s. Poysha Industrial Company Limited ("the said Company" for short), was inducted on leave and licence basis on the terms and conditions set out in the agreement of leave and licence dated 17th June, 1975 executed between the applicant’s father Mr. B. P. Irani and the said Company. The licence although expired by afflux of time the said Company continued to occupy the suit premises and tendered licence fee which was accepted by the applicant’s father without prejudice to his rights.

4. The applicant’s father had filed an eviction suit being R. A. E. Suit No. 901/2695 of 1990 in the