1. Since common issue is involved in all these Company Applications and since they are being more or less heard together, the same are being disposed of by this common judgment and order.

2. The applicants in all these Company Applications have taken out Judge's Summons praying for quashing and setting aside notice dated 5.6.2006 issued by the Official Liquidator calling upon the applicants to vacate the premises, which are unauthorizedly occupied by them, and to hand over the vacant and peaceful possession of the premises to the Official Liquidator, failing which the Official Liquidator will have to initiate action to forcibly remove them from the premises of the Company in liquidation, with police assistance in order to proceed with the liquidation proceedings of the Company. The applicants have also prayed for the direction to restrain the respondent from disturbing the possession and use of the shop situated at Navjivan Mills premises of Mouje Village â Kalol, Taluka and District â Gandhinagar.

3. An affidavit in support of respective Judge's Summons is filed by each of the applicants. Mr. R.S.Sanjanwala, learned advocate appears for the applicants in Company Application Nos.421 to 435 of 2007 and Mr. D.S.Vasavda, learned advocate appears for the applicant in Company Application No.399 of 2007. Ms.Amee Yagnik, learned advocate appears on behalf of the Official Liquidator and Mr.Gaurav S. Mathur, learned advocate appears on behalf of the respondent Nos.2 to 5 in all these applications.

4. The brief facts giving rise to the present applications are that the applicants are claiming themselves to be the tenants of the respective shops occupied by them, situated at Navjivan Mills premises of Mouje Village â Kalol, Taluka & District â Gandhinagar. It is the say of the applicants that the shops were given either to them or their predecessors on rent by the Company in liquidation. The tenancy rights in the subject premises are evidenced by the documents such as rent note, rent receipt, certification of registration under Bombay Shops and Establishment Act, electricity bill, election card, telephone bills and some miscellaneous documents.

5. It is the say of the applicants that the applicants have been regularly paying the rent for the subject premises as is evidenced by the rent receipt issued by the Company in liquidation and/or the Official Liquidator of the Company in liquidation. The Company or the Official Liquidator had not initiated any proceedings against the applicants for recovering possession of the subject premises either before the order of winding up of the company or thereafter. On and from July, 2003 the Official Liquidator stopped accepting rent of the subject premises. However, the amount payable as and by way of rent was sent to the Official Liquidator by demand draft under cover of Registered Post A.D. letter. It is further contended that if there are any arrears of rent, the applicants have shown their readiness and willingness to deposit the same in Court or to pay the same to the Official Liquidator or to the respondent Nos.2 to 5. Even after the sale of the property in favour of the respondent Nos.2 to 5, the applicants have offered rent to respondent Nos.2 to 5 or any one of them.

6. It is the say of the applicants that after the Company was ordered to be wound up, a letter dated 14.6.1993 was addressed by Security Officer of the Company in liquidation to the Official Liquidator, enclosing therewith statement giving list of tenants and the rent collected from them. It was, therefore, contended that there was no dispute about the fact that the applicants were tenants of the subject property.

7. It is also the say of the applicants that on or around 10.6.2003 an advertisement was issued notifying sale of land of the company in liquidation. The land put up for sale was described as land admeasuring 95212 Sq. Yds., situated at Kalol, District â Gandhinagar, except records of the Compa