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2008 Supreme(Guj) 346

M.S.SHAH, K.A.PUJ
JABAL C. LASHKARI – Appellant
Versus
OFFICIAL LIQUIDATOR OF PRASAD MILLS LTD. – Respondent


Advocates appeared:
D. V. Parikh, for the Appellant.
Official Liquidator for Opponent No. I.
Ms. Amee Yajnik, for Opponent No1.
Notice Served by D. S. for Opponent No2.
R. M. Desai, for Opponent No3.
A. S. Vakil, for Opponent No.4.

Judgment

Mohit S. Shah, J.—These appeals are directed against the judgment and order dated 13.10.2004 passed by the learned Company Judge as common order in Company Application Nos. 462 of 1999 and 33 and 34 of 2004.

2. The appellants claim to be the heirs of the owner of the land in question admeasuring 35,772 sq. mtrs. in Ahmedabad, who had leased out the land on long term basis for the period of 199 years as per the Lease-deed executed on 10.12.1916 in favour of Bechardas Spinning and Weaving Mills Ltd. which subsequently came to be known as Prasad Mills Ltd. After the Prasad Mills Ltd. was ordered to be wound up by judgment dated 05.05.1989 in Company Application No. 21 of 1984, the appellants filed the above-numbered company applications in 1999 and thereafter for a direction to the Official Liquidator to return the land in question to the appellants mainly on the ground that the lease stood determined on winding up order being made by the Company Court. It was also contended that the rights and liabilities of the parties to a Lease-deed subsist even when the Company is in liquidation and hence provisions of the Bombay Rent Act, 1947 would apply so as to enable the applicants to

























































































































































































































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