Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2020 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (6) TMI 458 - HC - Companies LawRejection of prayer of the petitioner for delivery of possession of the premises/flat - Sub-Section (2) of the Section 452 of Companies Act, 2013 - HELD THAT:- The scheme referred to, the quarter/premises being part of the entitlement in terms of service and the settled principles of law which have spelt out the proposition regarding the provisions of Sub-Section (2) of Section 452 of the Companies Act (earlier Sub-Section (2) of Section 630 of the Companies Act, 1956), I am of the opinion that the accused/opposite party is unnecessarily dragging the issue relating to vacating the quarter/premises belonging to the company on different pretext. In view of the conduct of the accused/opposite party and the provisions of law along with the settled principles, it can be held that the order dated 17- 4-2019 passed by the Ld. ACJM, Durgapur is not in consonance with the principles of law and is liable to be set aside. This Court ordinarily would have directed the accused/opposite party to vacate the quarter being No. LR-153, ABL Township, Durgapur- 713206 immediately, however, having regard to the present socio economic conditions because of the pandemic which has spread world wide, this Court feels that the accused/opposite party must be granted a breathing time of one year, accordingly the accused/opposite party would be entitled to retain the aforesaid quarter till 30th June, 2021.
|