CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present appeal has been filed by the appellant- the Official Liquidator of the Mysore Kirloskar Ltd., (the Company in liquidation) being aggrieved by the impugned order dated 21.07.2015 passed by the learned Company Court in Company Application No.826/2011 in Company Petition No.166/2001.

2. The Company Application No.826/2011 was filed by the appellant herein seeking a declaration from the Company Court to declare the Lease Agreement dated 22.01.2000 executed between the Mysore Kirloskar Limited., and the respondent as void against the Official Liquidator and for consequential cancellation of the lease agreement. The learned Company Court vide impugned order dated 21.07.2015 has dismissed the application in CA No.826/ 2011.

3. The relevant facts for the purposes of decision in the present appeal are stated as under:

i. The respondent is a Society registered under the Karnataka Registration of Societies Act, 1960 under the name "Kirloskar Institute of Advanced Management Studies" now named as "Kirloskar Institute of Management Studies" ;

ii. The respondent entered into a registered lease agreement dated 22.01.2000 with M/s. Mysore