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2015 (10) TMI 758 - HC - Companies LawPayment of License Fees post Winding Up – Appellant demands from Official Liquidator to vacate and/or shift goods and materials of the Respondent – Payment of arrears of License fees is also sought till the possession of the premises – OL of the Respondent contends that he may either dispose of the movables by public auction or shift the furniture, fixtures and records lying within the premises to another property of the Company – Respondent opposes the Applicant’s prayer for payment of arrears of Licence fees stating that the Applicant is in the position of an unsecured creditor and cannot get any priority in payment. Held That:- Applicant is entitled to preferential payment which comes under liquidation expenses - Official Liquidator is permitted to shift the furniture, fixtures and records lying in the premises - Handing over vacant and peaceful possession of the premises to the Applicant is directed – Payment of the licence fees to the Applicant till the date of handing over possession of the premises after adjusting the security deposit held by the Applicant is ordered – Decided in favour of the Applicant.
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