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2013 (5) TMI 488 - HC - Companies LawWinding up petition - Default in payment of licence fees - Arrears accumulated - Kolkata T.V. Bengali news television channel run by a company, R.P. Techvision (I) Pvt. Ltd operates from an area of about 10,000 sq. ft. in a premises numbered as 119, Park Street, Kolkata- 16 building called “White House”. The owner of the property is Calcutta Business Centre.Xenitis Info Tech Ltd. occupied this area on or from 1st December, 2005, as a licensee of Calcutta Business Centre but unable to pay licence fee - Held that:- It is quite undisputed and reasonably clear that the company in liquidation was and thereafter R.P. Techvision is more or less a trespasser on the property. The licence has been terminated or at any rate it has expired. No higher right was even claimed by R.P. Techvision. Now, how is the property used? It is of no use for the purpose of carrying on the winding up of the company. The company has a lot of equipments, apparatus, accessories and other moveable items in it, which are undoubtedly its assets. They could easily be housed in a lesser space in a less expensive locality. If R.P. Techvision was not there, the Official Liquidator would have been in possession thereof. He would have been, had he retained the property, in all probability, been liable to pay Rs. 6.14 lacs per month as occupation charges to Calcutta Business Centre. Now, the Official Liquidator does not have to pay these occupation charges. It is paid in a round about way. R.P. Techvision is making payment to the Official Liquidator who is handing it over to Calcutta Business Centre. Somebody else is occupying the property in place of the Official Liquidator and paying occupation charges directly to the landlord. The Official Liquidator cannot and even if he be permitted by the Court will get nothing, if he tries to assign his rights of a trespasser in favour of somebody else. R.P. Techvision cannot remain on the property. The Official Liquidator has to disclaim the property or this Court has to pass orders for eviction of R.P. Techvision and delivery of vacant possession to the Official Liquidator. He has to do so for another reason. Being a statutory authority, the Official liquidator is duty bound to give back the property, over which the company in liquidation has no rights, to its owner. If that is the order there would be no real business to sell. There cannot be sale of any “going concern” as directed by the Supreme Court. Hence, there would be breach of its order. Nonetheless the Supreme Court has preserved the right of the landlord in the eviction proceedings. The mandate of the Supreme Court would be carried out if R.P. Techvision is allowed to remain on the property, for a limited period of time not be later than 31st May, 2014. The Official Liquidator should advertise sale of the “business as a going concern” by stipulating that any buyer of the business would have to vacate the premises 119, Park Street, Kolkata – 16 by that date. The time to publish the advertisement by the Official Liquidator is peremptorily fixed as, by 15th June 2013.A letter for direction for confirmation of sale of the business and assets of the company in liquidation should be filed by the Official Liquidator, peremptorily by 31st July, 2013. If R.P. Techvision is the successful buyer they should find another place to do the same business after 31st May, 2014. Any other buyer should do likewise. Upto 31st May, 2014 or till the property becomes vacant, whichever is earlier the occupier of the property would pay to Calcutta Business Centre, occupation charges @ 6.14 lacs per month, through the Official Liquidator, as is being done now. The Official Liquidator is directed to handover vacant possession of the property to Calcutta Business Centre by 15th June, 2014 or within 15 days of the property becoming vacant, whichever is earlier. After expiry of 31st May, 2014 any occupier would be liable to be evicted from the premises by the Official Liquidator by use of police force.The buyer would have to obtain the licence to operate from any other property after expiry of 31st May, 2014.
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