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2008 (6) TMI 354 - HC - Companies LawWinding up - seeking a direction against the Official Liquidator to forthwith remove the seals put by him on the office premises and permit the applicant, to enter the same and use the said premises as tenant thereof - Held that:- Application is dismissed with costs quantified at ₹ 10,000 to be paid by the applicant to the Official Liquidator who, in turn, shall credit the said amount to the account of the Company in liquidation, Costs to be paid within four weeks from today. The Official Liquidator shall forthwith take steps to take over possession of the premises being room No. 33 on the 3rd floor from the applicant along with fittings, furniture and fixtures in the same condition in which it was handed over to the applicant. That shall be done not later than eight weeks from today. The Official Liquidator shall forthwith initiate action to take over possession of the premises on the 5th floor being room Nos. 51 and 52 from M/s. Videocon Appliances Limited along with furniture, fixtures and fittings in the same condition in which it was handed over to them and report compliance not later than eight weeks from today. The Official Liquidator shall forthwith initiate action to determine the market rent to be recovered from the applicant in respect of 3rd floor premises and M/s. Videocon Appliances Limited in respect of 5th floor premises with effect from 13-6-1997 till they are dispossessed and then shall recover the determined amount from the applicant as well as M/s. Videocon Appliances Limited while providing adjustment to them towards the amount already paid by them from time to time towards monthly rent in terms of the agreement or the Court’s order, as the case may be, as also to exclude the period during which the premises on 3rd floor remained sealed between 13-4-1999 till 15-10-1999. The applicant as well as its associate company M/s. Videocon Appliances Limited are directed to forthwith deposit the original copies of all the agreements appended to the Application, affidavit in support of the application as well as further affidavit of Shri Bharat More dated 3-12-2007 and produced along with the affidavits filed on behalf of the Official Liquidator, in this Court within eight weeks from today. On depositing the said documents, it would stand impounded and then made over to the Deputy Inspector General of Registration and Deputy Controller of Stamps, Old Custom House, Mantralaya, Mumbai-32 for proceeding against the said documents in accordance with law. All questions in that behalf are kept open to be decided on merits.
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