M.S.SHAH, K.A.PUJ
JABAL C. LASHKARI – Appellant
Versus
OFFICIAL LIQUIDATOR OF PRASAD MILLS LTD. – Respondent
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
2. V. Dhanapal Chettiar v. Yesodai Ammal AIR 1979 SC 1745 : 1979 (4) SCC 214
3. Parasram Harnand Rao v. Shanti Parsad Narinder Kumar Jain AIR 1980 SC 1655
4. K. K. Krishnan v. M. K. Vijaya Raghavan AIR 1980 SC 1756
5. Ravindra Ishwardas Sethna v. Official Liquidator
6. Nirmala R. Bafna v. Khandesh Spinning & Weaving Mills Co.Ltd. AIR 1993 SC 1380 : 1992 (2) SCC 322
9. Gain Devi v. Jeevan Kumar AIR 1985 SC 796
10. Waman Shriniwas v. Ratilal Bhagwandas & Co. AIR 1959 SC 689
14. Dashrath Baburao Sangale v.Kashimath Bhaskar Data AIR 1993 SC 2646
16. Laxmidas Bapudas Darbar v. Rudravva 2001 (7) SCC 409 : AIR 2001 SC 3738
28. Shalimar Tar Products Ltd. v. H. C. Sharma AIR 1988 SC 145
11. United Bank of India v. Official Liquidator 1994 (1) SCC 575
12. Smt. J at an Kumar Golcha v. Golcha Properties (P) Ltd. 1970 (3) SCC 573
18. Anil K. Sharma v. State Insurance & G.P.F. Deptt. 2002 (10) SCC 682
23. International Coach Builders Ltd. v. Karnataka State Financial Corpn. 2003 (10) SCC 482
26. State of Orissa v.arinarayan Jaiswal 1972 (2) SCC 36
7. Canara Bank v. Yusuf AIR 2000 Bom. 71
13. Nanasaheb Bhikhaji Rao v. Rambhao Arjun 2002 (1) GLR 140
19. Mulshankar Somnath v. The Agent
20. Manharlal Mohanlal Zaveri v. Indulal Vadilal Mehta 1996 (1) GLH 203
25. Textile Labour Asso. v. State of Gujarat 1995 (1) GLH 12
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