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2010 (2) TMI 591 - HC - Companies LawWinding up - whether the learned Single Judge was justified in passing the order impugned by refusing the prayer of the applicants for framing the scheme of revival? Held that:- From the conduct of the appellant it was apparent that the object of the second application was to confer on the present financier a preferential right over others knowing well that it was not possible to revive the company in liquidation by any fresh scheme. Therefore, we are of the opinion that the learned trial Judge rightly dismissed the application being C.A. No. 651 of 2009 under section 466 of the Companies Act in the absence of any constructive scheme offered. , vacate the interim order passed by the appellate court earlier permitting the running of the business under the order of the court passed earlier by the trial court and continued by virtue of the order of the appellate court and the business of the company should be immediately stopped. The official liquidator should, however, pay the dues of the landlord towards occupational charges from 1-9-2009, till date at the rate fixed by the Single Judge of this court in the pending proceedings, i.e., ₹ 6,14,000 a month from the money lying in his hand and no further amount should be paid except in accordance with the law on usual investigations. We pass this order in favour of the landlord only because after the order of winding up when the company was permitted to run by virtue of the interim order, there is no just reason why the dues of the landlord for using his property for the sake of business for the period in question even after the order of winding up should be withheld.
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