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2016 (9) TMI 168 - SC - Companies LawEviction of persons - whether the Company Court could evict persons, who have occupied property of a company after commencement of winding up proceedings, on such company being revived under the order of the Company Court? - Held that:- Once the Company was ordered to be wound up, the assets of the Company came in the custody of the Company Court and no arrangement, after winding up order, without permission of the Company Court could be recognized in respect of assets of the Company. There was no legal handicap in the occupants, who came into picture during winding proceedings, being evicted by the Company Court so as to restore the possession of the assets of the Company, after the winding up order was recalled. In view of the above, we allow these appeals, set aside the impugned order and hold that the respondents-occupants are liable to be evicted. The official liquidator may hand over possession of the said assets to the appellant within three months. Further dispute, if any, including the implementation of this order may be raised before the Company Court.
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