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2020 (8) TMI 551 - HC - Companies LawDelivery of possession of the premises/flat - Sub-Section (2) of the Section 452 of the said Act - HELD THAT:- Having considered the period of service, 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 and a plea of granting extension of stay for a limited period for finding a suitable accommodation was unreasonably converted into a right. In view of the conduct of the accused/opposite party and the provisions of law along with the settled principles as has been decided by the Hon’ble Apex Court in GOPIKA CHANDRABHUSHAN SARAN VERSUS XLO INDIA LTD. [2009 (2) TMI 465 - SUPREME COURT] as also this Court, I hold 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. The order passed by the Ld. ACJM, Durgapur is hereby set aside and CRR 2592 of 2019 is allowed.
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