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2010 (7) TMI 269 - HC - Companies LawWhether it is a lawful sub-tenant inducted by the company in liquidation from the year 1975 with the knowledge and consent of the landlord, the applicant, under section 535 of the Act and as such, its right as sub-tenant should be protected? Held that:- The landlord having made an allegation of illegal sub-tenancy and the official liquidator having failed to furnish any material to throw light on the subject, in our opinion, the learned company court was quite justified in giving liberty to the landlord to institute a suit against the company in liquidation for the purpose of establishing his case for getting back the property on proving that without his written consent an illegal sub-tenancy was created by the company in liquidation. We do not appreciate the submission of Mr. Bose that the grant of such liberty while disposing of an application under section 535 of the Act is not within the competence of the company court. Appeal dismissed.
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