1.

The Applicant is before this court seeking for the

following reliefs;

a.

To direct the Official Liquidator to hand over the

possession of the Schedule premises to the

Application in the interest of justice and equity.

b.

To direct the Official liquidator to pay the arrears of

rents from 15.07.2014 to 31.12.2015 which is 14

½ Months which amounts to Rs.13,80,995/- for the

ground floor premises. Any pay future rents till

handing over of possession of the premises.

c.

To direct the Official liquidator to pay the arrears of

rents from 15.07.2014 to 31.12.2015 which

amounts to Rs.13,43,238/- for the First floor

premises. And pay future rents till handing over of

possession of the premises.

d.

Pass

such

other

Order

as

the

nature

and

circumstances of the case may require.

e.

Cost of this application.

2.

The Applicant claims to be the owner of the property

which has been leased out to the Company in

liquidation on 15.05.2008. As per the terms of the

lease agreement, the Company in liquidation had

deposited with the Applicant an interest free

refundable security deposit of Rs.13,63,000/- and in

terms of the lease agreement, certain amount was

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required to be paid as monthly lease rental for the

schedule premises.

3.

Though the lease period expired after a period of

eleven months, the Company in liquidation did not

hand over possession of the premises and continued

to occupy the same. Subsequently, the Company in

liquidation stopped payment of rentals and in the

meanwhile, winding up proceedings being filed

before this Court, this Court directed for winding up

of the Company and appointed the Official Liquidator

to take over the assets of the Company, which infact

was taken over on 15.07.2014.

4.

The grievance of the Applicant is that though the

Official Liquidator took over possession of the

premises on 15.07.2014, no rentals have been paid

by the Official Liquidator to the land owner, i.e., the

Applicant and it is in that background, the present

C.A.No.8 of 2016 has been filed seeking for direction

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to the Official Liquidator to make payment of the

monies as claimed therein.

5.

During the pendency of the above proceedings, the

possession has been handed over on 08.05.2017.

6.

The claim, which is required to be considered in the

above application is only regards the rentals to be

paid. The Official Liquidator has filed his objections

and a memo contending that the Official Liquidator

cannot be directed to make payment of the rentals

but the claim of the Applicant would be treated as a

preferential claim with the Applicant requiring to

stand in the Queue along with the other creditors of

the Company.

7.

This Court had directed the Applicant to file a claim

before the Official Liquidator for adjudication. The

same came to be adjudicated vide order dated

31.05.2022 wherein the Official Liquidator has

admitted

an

amount

of

Rs.23,30,807/-

as

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preferential claim and an amount of Rs.29,98,319/-

as an ordinary claim and rejected an amount of

Rs.25,95,446/-.

8.

The claim of the Applicant was Rs.79,24,572/-, out

of which, an amount of Rs.32,64,820/- was claimed

as past due rentals from April 2010 till 15.07.2014

after giving due deduction to the adjustment of the

security deposit held by the landlord.

9.

Further claim was made from 15.07.2014 to

30.04.2017 as regards the ground floor amounting

to Rs.24,84,759/- after giving due deduction to a

sum of Rs.1,57,826/- being the rental paid by the

Official

Liquidator.

A

further

amount

of

Rs.25,40,494/- was claimed on account of rentals

due towards the first floor from 15.07.2014 to

31.05.2017 after giving due deduction of a sum of

Rs.1,54,952/- being the rentals paid by the Official

Liquidator.

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10.

The Official Liquidator being of the opinion that no

amount was required to be paid towards the first

floor as no claim was made towards the first floor till

15.07.2014 has considered that no amount for the

subsequent period is also required to be paid and

has rejected the c