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TMI Blog2015 (3) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... ant contends that he is a former employee of the company in liquidation. It is his case that the Quarters No.99/B had been allotted in his favour and even though he had attained the age of superannuation he had continued to reside in the said quarters. Since, this Court while considering several application in C.A.No. 12/2002 and connected applications dated 16.07.2004 had arrived at the conclusion that the former employees in occupation of the quarters are entitled to allotment of the same and execution of the sale deed subject to the indication made in the said order, the applicant claims that he is entitled for allotment of the said quarters. The applicant was also subsequently before this Court in C.A.No. 1225/2007 which was disposed of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar relief for allotment of the quarters. The fact that it has been allotted to the husband of the second respondent is also not in dispute. In fact, the cause title shown in the application is of quarters bearing No. 102/A and in any event, the second respondent does not dispute this fact that a quarters has been allotted to her husband. 5. In such circumstance, when prima facie there is no material to indicate that the second respondent was in fact an employee of the company in liquidation or she had any individual right for allotment of the quarters and when admittedly, a quarters belonging to the company in liquidation has already been allotted to her husband, certainly the second respondent cannot claim that the quarters bearing No.99 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficial Liquidator was put in charge of the company in liquidation, no proceedings has been initiated by the Official Liquidator to evict the applicant from the quarters bearing No.99/B. 8. While taking note of this aspect, it would also be appropriate to refer to the Mahazar relied upon by the Official Liquidator which is produced along with the objection statement. In the Mahazar dated 21.07.2001, it is indicated that the physical possession of the quarters bearing No.99/B had been taken by the Official Liquidator which will indicate that it was vacant and therefore, physical possession was taken. Though that be the position, presently the applicant as well as the second respondent claim to be in possession of the property. From the repo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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