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CASE NO.: Appeal (civil)  2045 of 2008

PETITIONER: EASTERN INDIA APPAPREL & TEXTILE EXPORTER ASSOCIATION AND ANR

RESPONDENT: OFFICIAL LIQUIDATOR AND ANR

DATE OF JUDGMENT: 12/03/2008

BENCH: S.B. SINHA & P.P. NAOLEKAR

JUDGMENT: JUDGMENT O R D E R

CIVIL  APPEAL  NO. 2045  OF 2008 [Arising out of SLP(C) No.229/2005]

       Leave granted.         This appeal is directed against the judgment and order dated 14.10.2004 passed by a  Division Bench of the Calcutta High Court in A.P.O.T. No.434/2004 whereby and  whereunder the appeal filed by the appellants was dismissed in limine. The said  appeal  was preferred by the appellants from an order dated 29.6.2004 passed by a  learned Single Judge of the High Court, directing:

\023The representative of the Official Liquidator is directed to visit the  premises at 10 O’Clock in the morning on June 21, 2004 and the  representative is directed to hand over possession of the premises in  question to the persons from whom the Official Liquidator has taken  possession upon receipt of the said sum of Rs. 1,65,000/-. After  receipt of the said sum the Official Liquidator will hold the same  until further orders of the Court.\024  

       Appellants contend that the building in question, namely, 26/Park Lane, 2nd Floor,  Calcutta, originally belonged to one Mrs. Nasreen Wahhab. One B.Q. Nandy is said to  be the  tenant in the said premises. According to the appellants, Shri B.Q. Nandy had  allowed the following five different concerns to use ’table spaces’ at the aforesaid  premises: i) M/s. Fortune Multitraders Ltd. ii) M/s. Eastern India Apparel & Textiles Exporters Association iii)     M/s. Mon Lam (India) Pvt. Ltd. iv)      M/s. Nandy Associates v)       M/s. B.Q. Global            An affidavit of B.Q. Nandy has been placed on record. If what is stated by him in hi s  affidavit is correct, we are prima facie of the opinion that there is some force in the  contention of the learned learned counsel for the appellants that M/s. Fortune  Multitraders Ltd., the company in liquidation was also only a table space holder and,  thus, the right, title and interest of the other table space holders, like the appellants  before us, could not have been the subject matter of any direction by the learned  Company Judge.   

       We are, therefore, of the opinion that the Division Bench of the High Court  committed a serious error in dismissing the appeal in limine.  The impugned judgment  is, therefore, set aside and the matter is remitted to the High Court for consideration  of the appeal afresh on merit.  

       The appeal is allowed with the aforementioned direction. No costs.