https://www.taxtmi.com/caselaws?id=101352 Post-winding-up rent is not automatically treated as a cost or expense of liquidation. Priority arises only where the liquidator retains or uses the leased property for the benefit of the winding up or for better realisation of assets; mere non-surrender of the leasehold is insufficient. On the stated facts, the official liquidator left the godown unused while pledged goods remained under the bank's control, so there was no retention for winding-up purposes. Rule 157 of the Companies (Court) Rules, 1959 preserved the landlord's right to claim rent but did not create a separate priority for payment. The landlord was therefore required to prove the debt in winding up and rank with other unsecured creditors. en-us Fri, 11 Jul 1986 00:00:00 +0530 Thu, 09 Feb 2012 15:23:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=101352 Post-winding-up rent is not automatically treated as a cost or expense of liquidation. Priority arises only where the liquidator retains or uses the leased property for the benefit of the winding up or for better realisation of assets; mere non-surrender of the leasehold is insufficient. On the stated facts, the official liquidator left the godown unused while pledged goods remained under the bank's control, so there was no retention for winding-up purposes. Rule 157 of the Companies (Court) Rules, 1959 preserved the landlord's right to claim rent but did not create a separate priority for payment. The landlord was therefore required to prove the debt in winding up and rank with other unsecured creditors. Case-Laws Companies Law Fri, 11 Jul 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=101352