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1988 Supreme(P&H) 606

G.R.MAJITHIA
Bala Financiers (P. ) Ltd. (In Liquidation) – Appellant
Versus
Ujjar Singh – Respondent


Judgment

G.R.Majithia, J.

1. This is an application under Section 456 read with Section 468 of the Companies Act, 1956 (for short "the Act"), for a direction to the District Magistrate, Ropar, to use force for restoration of possession of the property mentioned in paragraph 2 of the application to the official liquidator.

2. The facts briefly stated are that the petitioner-company was ordered to be wound up by order dated October 19, 1982, and the official liquidator attached to this court was appointed as official liquidator. The petitioner company is the owner of the land and building where the bus stand of the respondent company was located. The petitioner company had purchased it from the respondents, vide sale deed dated December 4, 1979. The official liquidator locked the premises. Respondent No. 1 entered into possession of some of the rooms of the office portion in the building. It was reported to the official liquidator that the locks put in by him were broken and respondent No. 1 was in occupation of those rooms.

3. The respondents filed a reply to this application and, inter alia, pleaded that the sale made in favour of the petitioner company was a sham transaction. Harmi



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