High CourtsSingle Bench(2010) 10 KAR CK 0013

Siddhartha Shantagiri vs India Holiday (P.) Ltd.

Karnataka High Court · Decided on 6 October 2010 · Citation: (2011) 105 SCL 251

HON’BLE JUDGES
H.N. Nagamohan Das, J
CASE NUMBER
Company Application No. 813 of 2010 in Company Petition No. 26 of 2008

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Judgment

4 paragraphs · 282 words

H.N. Nagamohan Das, J.—In this application, the Petitioner has prayed for a direction to the Official Liquidator to instruct Bangalore Electricity Supply Company Limited (''BESCOM'') for restoration of power supply to the premises bearing No. G-13, Brigade Gardens, No. 19, Church Street, Bangalore-1.

2.

Applicants contend that the company-in-liquidation was in occupation of the premises bearing No. G-13, Brigade Gardens, No. 19, Church Street, Bangalore-1 as a tenant under Smt. Y.R. Shirin. The owner of the premises Smt. Y.R. Shirin sold the premises in question in favour of the applicants under a registered sale deed dated 5-6-2008. The applicants further contend that the company-in-liquidation vacated the premises in question on 1-10-2007 and handed over the vacant possession to the vendor Smt. Y.R. Shirin. Now the applicants are in possession of the premises in question. The 1st Respondent-company came to be wind up by the order of this Court dated 21-7-2010 as per Annexure-G. The Official Liquidator had initiated the liquidation proceedings. As a part of the steps taken by the Official Liquidator, he has written to the BESCOM to disconnect the power supply to the premises in question. Accordingly, BESCOM has now disconnected the power supply. Therefore, the applicants who are the owners in possession of the premises in question are before this Court for a direction to the Official Liquidator to instruct the BESCOM for restoration of power supply.

3.

No prejudice will be caused to the Official Liquidator if he is directed to issue necessary instructions to the BESCOM to restore the power supply to the premises in question, subject to the condition that the applicants bear the necessary expenses and charges.

4.

Accordingly, the application is hereby disposed of.