AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Sinha, J
Mr. Patnaik, learned advocate appears on behalf of opposite party no.2 and submits, his client has filed counter. He draws attention to page 35 in the writ petition and submits, his client has this demand on transfer and processing fees, for causing transfer of leasehold interest from the company in liquidation to applicant.
Official Liquidator appears and submits, the company has been wound-up and dissolved. The company, Utkal Oils Limited was lessor in respect of the land, under opposite party no.2. Unexpired term of the lease was auctioned. Applicant purchased the unexpired term of the lease. As such, the sale has been confirmed by Court and there is nothing further to be done.
It appears from annexure-7 being letter dated 4th November, 2009, written by opposite party no.2 to applicant that it is demand for transfer and processing fees regarding transfer of leasehold interest from Utkal Oils Limited as lessor, to applicant. The unexpired term of the lease is up to 28th February, 2071. Opposite party no.2 has said that the transfer will be effected on same terms and conditions as was leased to the company, since liquidated.
Mr. Hota, learned advocate appears on behalf of applicant and draws attention to annexure-9 being letter dated 24th July, 2010 to submit, demand of opposite party no.2 is against the Official Liquidator acting in interest of the company in liquidation.
Mr. Hota will be heard on adjourned date or who has to pay transfer fees in respect of assignment of lease, the assignor or the assignee.
List on 28th June, 2022, as prayer for by Mr. Hota.
…………………