Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (8) TMI 705 - HIGH COURT OF GUJARATrecovery of the mesne profit - Held that:- . So far as Jayantibhai Patel who was wrongly given possession of the premises by applicant of Company Application No. 582 of 2008 is concerned, he has also deposited the amount of mesne profit at the rate of ₹ 5 per Sq. Feet. Under these circumstances, it appears to the Court that the claim for the amount of mesne profit against the Decimal Systems Pvt. Ltd. exceeding the rental amount and the amount as already ordered by this Court which has been deposited by it, for the office No. 107 as mesne profit does not deserve to be granted. So far as respondent No. 2 is concerned, as observed earlier, as the possession was not entrusted after MoU but was retained by the company in liquidation itself, the claim for mesne profit cannot be sustained. As regards Shri Jayantibhai Patel is concerned no claim is made by Official Liquidator but in any case, he has already deposited the amount of mesne profit as ordered by this Court earlier. The application preferred by the Official Liquidator does not deserve to be granted
|