Delhi High Court - Orders
Deutsche Trustee Company Ltd vs Tulip Telecom Ltd on 9 March, 2022
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~1 (Company)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 329/2013
DEUTSCHE TRUSTEE COMPANY LTD ..... Petitioner
Through
versus
TULIP TELECOM LTD. ..... Respondent
Through Mr. Kunal Sharma, Sr. Standing
Counsel for Official Liquidator.
Ms. Palak Nenwani and Ms. Mannat
Sabharwal, Advs. for Barclays Bank.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 09.03.2022 CO.APPL.NO.791/2021
1. The applicant has filed the present application, inter alia, praying as under: -
"a) Direct the Official Liquidator to release de-
seal vacate the room in property being Second Floor of property House No. 83, Sector-21-A, Chandigarh in which the seized assets/articles are kept and hand over the physical possession of the same to the Applicant in vacant condition forthwith;
b) Direct the Official Liquidator to pay the rent at the existing market rate of Rs.10,000/- per month from 19.03.2016 till the actual handover of the possession of property being 1 Room in House No. 83, Sector-21-A, Chandigarh:"
Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.03.20222. The applicant is the owner of the property bearing no. SCO 49, Sector 20, Chandigarh. It is stated that the said premises were leased to the respondent company (the Company) in the year 2011 by a registered Sale Deed dated 15.02.2011.
3. The Company had failed to pay the rent in respect of the said property and the applicant had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, before the learned Court of Rent Controller, Chandigarh seeking ejectment of the Company from the said premises. The applicant was successful in recovering the possession of the leased property (SCO No. 49, Sector-20, Chandigarh).
4. The learned counsel for the Official Liquidator states that the assets belonging to the company, which were lying in the premises of the SCO No.49, Sector-20, Chandigarh, were shifted to a room at the premises bearing House No. 83, Sector 21-A, Chandigarh. The said goods were handed over to the applicant on superdari. The Official Liquidator had, with a view to take possession of all assets of the company, sealed the said premises (a room at the premises bearing House No. 83, Sector 21-A, Chandigarh).
5. In the aforesaid context, the applicant has filed the present application.
6. The learned counsel for the Official Liquidator states that he has no objection to hand over the physical possession of the second floor of the said property to the applicant after de-sealing the same and after verifying that the applicant is the rightful owner of the said property.
7. In view of the above, the Official Liquidator is directed to hand over the peaceful vacant possession of the property in question (2nd Floor, House No. 83, Sector 21A, Chandigarh) within a period of two months from today.Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.03.2022
8. The applicant's claims for rent at the market rate of ₹10,000/- per month is concerned for the said premises. Since the premises were used to store the articles belonging to the company, the applicant may be entitled to certain amounts for use of the premises in question. The applicant is at liberty to make a claim in this regard with the Official Liquidator.
9. The Official Liquidator shall consider the same along with other unsecured creditors.
10. The application is disposed of in the aforesaid terms.
VIBHU BAKHRU, J MARCH 9, 2022 Ch Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:Dushyant Rawal Signing Date:15.03.2022