( 1 ) THE question referred to the Full Bench is whether before initiating proceedings under Section 4 and 7 of the Public Premises (Eviction of Unauthorised Occupants) Act 1,971 (hereinafter to be called the 1971 Act) the Life Insurance Corporation (hereinafter referred to as LIC) is required under law to seek leave of the winding up Court under Section 446 of the Companies Act 1956 ?

( 2 ) WINDING up proceedings were started against M/s. Asia Udyog (P) Ltd. It is common case that an order for wading up had been passed on 2-2-1978 and the winding up proceedings are pending in this court. The company was admittedly a tenant of the premises at 8, Darya Ganj, Delhi. The said premises also admittedly belong to LIC. 1971 Act defines public Premises and it is common case of the parties that the premises in dispute are covered by the definition of Section 2 (c) of 1971 Act.

( 3 ) "the case of the LIC is that because of the various unlawful acts done by the company its possession was unauthorised and it was entitled to seek possession of the premises in dispute and that also these premises Were required for its own use. It asked for possession of the premises from the Official