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1998 (11) TMI 458 - SC - Companies LawWhether the complaint filed by the respondent and the material-on-record disclose that the dispute is really of a civil nature? Held that:- The trial court was right in holding that the dispute between the parties is of civil nature and that in view of the facts and circumstances of the case, it is not possible to say that the appellant has wrongfully withheld the property of ABC in his possession. An important circumstance, which came into existence mean while, is that the appellant purchased the flat from its owner on 12-11-1984 and has thus, become an owner of it. It is also significant to note that ABC was not the lessee of the flat and except for the permission granted by ABC Consultants (P.) Ltd. to it and the appellant, it has no right, title or interest in that flat. ABC Consultants (P.) Ltd. has not chosen to revoke the licence in favour of the appellant or take any action against him. In case of the appellant ceasing to be entitled to occupy the flat, ABC has prima facie no right of occupying or using it independently. All these material aspects have not been properly appreciated by the High Court. Therefore, the judgment and order passed by the High Court deserves to be set aside.
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