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2012 (11) TMI 363 - HC - Companies LawTransfer after the commencement of winding up - Held that:- Though the occupant has been found to be in possession of the said property the circumstances in which she was so placed are unclear. The occupant has relied on the alleged letter dated 14th November, 2007 where there is a reference to the occupant having been placed in possession of the said property by HTPL. The occupant has however not produced any possession receipt that may have been executed between the parties which would indicate the basis on which the possession was handed over. The occupant merely relied on an alleged letter dated 31st December, 2007 addressed by the Company to MIDC seeking their no objection for the transfer of the said property to the occupant as a Chief Promoter of the proposed Society. Apart from the fact that the said letter does not disclose any agreement in favour of the occupant in her personal capacity or the terms and conditions of any such alleged agreement, it is a settled position that such a letter would not constitute an agreement in writing for the purpose of Section 53A. The Official Liquidator is correct in his submission that Section 53A of the Transfer of Property Act has no application in the present case in the absence of any agreement in writing from which the terms of the alleged transaction is capable of being ascertained with reasonable certainty. The occupant has not made out any case for validating the alleged transfer of the said property in her favour by the Company in liquidation. The Official Liquidator is therefore directed to take physical possession of the said property for the benefit of the creditors and workers of the Company in liquidation - pending the Official Liquidator taking possession of the said property for two weeks on the request of occupant who shall not part with possession of the said property or induct any third party therein.
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