Official Liquidator of the Mandya National Paper Mills Limited (In Liqn.) vs Smt. Dilshad

A.S. Bopanna, J.—The Official Liquidator is before this Court in this application seeking permission to take possession of Quarters No. 98/B from Smt. Dilshad that is the respondent herein with the help of the Jurisdictional Police authorities. The Official Liquidator is also seeking leave to return a sum of Rs. 10,500/- after deducting the cost of Rs. 2,000/- towards the cost imposed by this Court vide order dated 02.05.2013. The respondent herein claiming to be an authorized allottee of Quarters No. 98/B belonging to the company in liquidation had approached this Court in C.A. No. 1018/2012. This Court while dismissing the said application by the order dated 07.02.2013 had made reference to an earlier order passed by this Court in C.A. No. 972/2004 which had been filed by the respondent herein seeking for a similar relief with regard to the completion of the transaction in relation to the quarters said to be in occupation of the respondent.

In the earlier application in C.A. No. 972/2004, the respondent herein had been granted the liberty to file appropriate documents before the Official Liquidator. Without resorting to the same, the subsequent application in C.A. No. 1018/2012 had been filed. This Court, therefore was of the view that the same amounted to suppression of facts and accordingly the application was rejected with cost. Since, the claim of the respondent seeking for regularization of the occupation, namely the execution of the sale deed has been rejected by this Court, the Official Liquidator is presently seeking the relief as sought in the instant application to take possession of the quarters belonging to the company in liquidation. In a circumstance where the respondent is yet to establish the fact that she has been in authorized occupation of the quarters belonging to the Company in liquidation, the prayer as made in the instant application permitting the Official Liquidator to take possession of the quarters with the help of the Jurisdictional Police would have to be granted. However, taking note of the fact that the respondent was claiming to be in occupation of the said quarters, I am of the opinion that before the respondent faces ignominy of being thrown out from the quarters, it is appropriate to provide some time to voluntarily vacate the quarters. Hence, the respondent is granted time till 31.01.2014 to voluntarily vacate the quarters No. 98/B belonging to the Company in liquidation. If the respondent does not voluntarily vacate the quarters on or before the said date, the Official Liquidator is granted permission to evict the respondent with the help of the Jurisdictional Police and take possession of the quarters and thereafter return the amount as sought in the application.

In terms of the above, the application is disposed of.