Sir Sarupchand Hukumchand Pvt. Ltd. v. Official Liquidator Of M/S. Trimurti Housing Development Ltd. (In Liqn.)

Nitin 1 / 2 947-CA-11-2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 11 OF 2013 IN COMPANY PETITION N. 806 OF 1988 Sir Sarupchand Hukumchand Private Limited ...

Applicant

IN THE MATTER BETWEEN :

K.K. Rajan and Anr.

...

Petitioners

Versus

The OL of M/s. Trimurti Housing Development Limited ...

Respondent Mr. P. Samdani, Senior Advocate a/w. Mr. Naik i/b. Dhru and Company for the Applicant in CA No. 11 of 2013.

Mr. S.A. Jabbar i/b. Mr. S.A. Tawate for the Applicant in CA No. 126 of 2014.

Mr. Cyrus Ardheshir for the OL.

Ms. Pratibha, Assistant OL, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 25 TH MARCH, 2015 P.C.:

The above Application is filed by the Applicant for the following reliefs :

"(a) That this Hon'ble Court be pleased to release and direct the Official Liquidator to handover vacant, quiet and peaceful possession of the Plot Nos. 32, 44, 45, 46, 47 and 48 (more particularly described in Exhibit-A to the Affidavit

Nitin 2 / 2 947-CA-11-2013 in support) after submitting to a decree in High Court Suit No. 3462 of 1991.

(b) That the Official Liquidator do stand discharged in respect of the Plot Nos. 32, 44, 45, 46, 47 and 48 (more particularly described in Exhibit-A to the Affidavit in support) after handing over possession thereof to the Applicant without payment of any compensation". 2.

Heard the learned Advocates appearing for the parties. Perused the above Application, the Affidavit in support thereto and the following order is passed :

i.

Suit No. 3462 of 1991 filed in this Court qua plot No. 32 shall be heard on its own merits subject to the order / partial decree passed by this Court (Coram : G.S. Patel, J.) dated 13th March, 2014. ii.

The above Application is accordingly disposed of. (S.J. KATHAWALLA, J.)