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2019 (4) TMI 334 - HC - Companies LawOfficial Liquidator obtained possession of the flat - exparte order - seeking consequential directions upon Official Liquidator to remove lock and seal put on the flat in question and hand over possession thereof to applicant - HELD THAT:- Earlier order for possession was also exparte on a ‘letter for direction’. Due process of law for eviction by adjudication on eviction proceedings, with leave obtained under section 446, was not resorted to by Official Liquidator. There was no dispute raised by Mr. Chowdhury regarding manner in which Official Liquidator obtained possession of the flat except submission that notices issued prior thereto by the office, addressed to applicant at his address of the flat, went unserved. As such the application for, inter alia, recall of order dated 5th May, 2017 is allowed in part as the order was obtained exparte and there appears error of fact apparent on face of it, the flat being occupied and not locked. However, as aforesaid, applicant having had thereafter relinquished possession, other prayers in the application cannot be granted.
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