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In the situation of outstanding liability of rent company cnnot proceed to wind up


Last updated: 29 August 2012

Court :
Supreme Court of India

Brief :
The Appellant herein as landlord filed a suit for eviction against the respondent company on the ground of default in making payment of the rents and also on grounds of reasonable requirement, in the City Civil Court at Calcutta, under the provisions of the West Bengal Premises Tenancy Act, 1956. The same was registered as Ejectment Suit No.201 of 1999. The said suit was decreed only on the ground of default, but only upon recording that notice under Section 13(6) of the aforesaid Act had been duly served and that the ground of default had been proved, the Trial Court decreed the suit. There was no finding whatsoever as to the period of default in the said judgment.

Citation :
Raju Jhurani … Appellant Vs. M/s Germinda Pvt. Ltd. … Respondent

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CS Bijoy
Published in Corporate Law
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