Official Liquidator of the Mandya National Paper Mills Limited (in Liqn.) vs Sri. S.S. Santhosh Kumar

A.S. Bopanna, J.—The Official Liquidator is before this Court seeking leave to take possession of Quarters No. 7/A from the respondent herein with the help of Jurisdictional police. The petitioner is also seeking leave to return the sum of Rs. 12,500/- deposited by one Sri Bhujanga Rao towards the sale consideration of Quarters No. 7/A. Direction is also sought against the respondent to direct him to pay a sum of Rs. 2,500/- towards the cost imposed in Company Application No. 1015/2012. The respondent herein was before this Court in C.A. No. 1015/2012 disposed of on 14.02.2013. In the said proceedings, the respondent herein had sought for a direction against the official liquidator to execute the sale deed. This Court while considering the claim of the respondent herein had taken note of the fact that at an earlier instance one Sri Bhujanga Rao claiming to be the occupant of Quarters No. 7/A had approached this Court in C.A. No. 889/2004 seeking for a direction to the official liquidator to execute the sale deed. Despite the said fact, the respondent had approached this Court based on a ''no objection statement'' said to have been granted by said Sri Bhujanga Rao In that circumstance, this Court on taking note of the fact that the respondent could not have claimed any right in respect of the quarters when Sri Bhujanga Rao had approached this Court at an earlier point claiming right, had rejected the claim as made by the respondent herein in C.A. No. 1015/2012 on imposing cost of Rs. 2,500/-.

There is no material on record to indicate that the said order is assailed in appeal. In the said circumstance, when it is seen that a conclusion is reached by this Court that the respondent is an unauthorized occupant of quarters in question, the request as made by the official liquidator to permit them to take possession of the quarters with the help of the Jurisdictional Police is to be granted. However, taking note of the earlier proceedings, the respondent herein is granted time till 31.01.2014 to voluntarily vacate the quarters in question subject to the condition that the cost of Rs. 2,500/- imposed, earlier is deposited with the Official Liquidator within a period of two weeks from the date of receipt of a copy of this order. If the respondent does not voluntarily vacate the quarters on or before 31.01.2014, thereafter the Official Liquidator would have the liberty of evicting the respondent with the help of the Jurisdictional Police as prayed in the application and the Official Liquidator would also be entitled to refund the sum of Rs. 12,500/- to Sri Bhunjanga Rao.

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