Section 333, read with sections 279 and 283, of the Companies Act, 2013

CL : Where business of company in liquidation was sold to appellant with an express stipulation that property of respondent was to be handed over before stipulated date, Official Liquidator was to be directed to hand over vacant possession of property to respondent
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[2015] 53 taxmann.com 498 (Calcutta)
HIGH COURT OF CALCUTTA
SST Media (P.) Ltd.
v.
Official Liquidator
ASHIM KUMAR BANERJEE AND ASHIS KUMAR CHAKRABORTY, JJ.
A.P.O. NOS. 442 & 444 OF 2014†
CP NO. 39 OF 2009
CS NO. 74 OF 2008
DECEMBER  16, 2014
Section 333, read with sections 279 and 283, of the Companies Act, 2013/Section 535, read with sections 446 and 456, of the Companies Act, 1956 - Winding up - Disclaimer of onerous property in case of a company which is being wound up - Whether right of landlord to invoke sections 535 and 446 for recovery of possession of a property from Official Liquidator is a statutory right for public benefit - Held, yes - Respondent had let out a property to company-in-liquidation but it failed to pay monthly occupation charges - In disclaimer proceedings initiated by respondent, Company Judge by impugned order directed Official Liquidator to hand over vacant possession of property to respondent - Appellant had purchased business of company-in-liquidation - Whether since Official Liquidator sold business of company in terms of order of Company Judge with express stipulation that appellant had to vacate said property before stipulated date, appellant was estopped from challenging impugned order and Official Liquidator was to be directed to hand over vacant possession of said property to respondent -Held, yes [Paras 22,23,32,33 & 35]