JUDGMENT :

K.A. Puj, J.

The applicant has taken out this Judge's Summons seeking leave of this Court under Section 446 (1) of the Companies Act, 1956 to continue the HRP Suit No.1065 of 2006 filed by him against the opponents for the reliefs prayed for in the said suit comprising of the relief for the actual and physical possession of the suit premises as well as for decree for arrears of rent and mesne profits and for permanent injunction restraining the opponents from transferring, assigning or parting with the possession, in any manner, of the suit premises. With the leave of the Court, the applicant has also prayed for alternative relief seeking direction to the opponents to hand over vacant and peaceful possession of the premises in question, namely, ground floor premises of 8, Hindu Colony, Navrangpura, Ahmedabad - 380 009 to the applicant.

2. This Court has issued notice on 10.03.2008 making it returnable on 19.03.2008. Mr. J.S. Yadav, learned advocate appeared for the Official Liquidator and waived service of notice. The Official Liquidator was directed to file his report as to why no action has been taken during all these years for taking possession of the property of the Company in liquidation from the respondent No. 2.

3. On 25.03.2008, Mr. B.T. Rao, learned advocate appeared for respondent No. 2 and placed on record the affidavit-in-reply filed by the respondent No.2. The Court recorded the submission made on behalf of the respondent No.2 that the respondent No.2 is residing with his family in the suit premises and he would not make any change so far as the present status of the property in question is concerned. The Official Liquidator has filed his report dated 12.03.2008.

4. An affidavit in support of the Judge's summons is filed by the applicant. Mr. Girish D. Bhatt, learned advocate appearing for the applicant has submitted that the applicant has filed HRP Suit No. 1065 of 2006 against the respondents in the Court of Small Causes Court, Ahmedabad praying for the reliefs of actual and physical possession of the suit premises as well as for decree for arrears of rent and mesne profits and decree for permanent injunction restraining the respondents from transferring, assigning or parting with the possession in any manner, the suit premises in favour of any one else. He has further submitted that it is the case of the applicant in the said suit that the suit premises were given to the erstwhile New Swadeshi Mills of Ahmedabad Limited, Naroda Road, Ahmedabad on 01.05.1980 on Leave and License basis by an agreement of even date. The premises was given for use and occupation by the said Mills at the rate of Rs.800/- per month by way of compensation or license fees and that all Government and Municipal taxes as well as education cess were to be paid by the said Mills Company. Mr. Bhatt has further submitted that the applicant's wife had also executed a separate agreement of license in respect of furnitures which were allowed to be used by the Company on monthly compensation of Rs. 300/-. Since the winding up proceedings were initiated in Company Petition No. 185 of 1984 against the said Mills Company, the applicant and his wife have filed Company Application No.167 of 1985 praying for the direction to hand over peaceful and vacant possession of the ground floor of the suit premises with furniture which were given on Leave and License basis to the said Mills Company. During the pendency of the said Company Application, the said Mills Company and all its rights and assets had been taken over by the Gujarat State Textile Corporation Limited. The Company Application filed by the applicant and his wife were disposed of by this Court vide order dated 06.08.1993 on the ground that the Company Application had become infructuous as the Company and all its rights and assets had been taken over by the Gujarat State Textile Corporation Limited.

5. Company Petition No. 205 of 1996 had been registered before this Court on the basis of th