https://www.taxtmi.com/caselaws?id=106740 Tenancy rights of a company in liquidation under the Bombay Rent Act are not automatically transferable, assignable, or attachable; the statutory prohibition in section 15(1) is subject to limited exceptions, but those exceptions did not apply where the business had ceased and there was no transfer of a live business with stock-in-trade and goodwill. The Court also noted that attachment before judgment under Order 38 CPC and appointment of a receiver under Order 40 CPC require a prima facie basis and cannot rest on bare allegations or financial distress. Separately, where tenanted premises are not required for beneficial winding up, the Official Liquidator must surrender possession to the landlord under section 457 of the Companies Act, 1956. en-us Tue, 31 Jul 2001 00:00:00 +0530 Thu, 15 Mar 2012 14:49:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=106740 Tenancy rights of a company in liquidation under the Bombay Rent Act are not automatically transferable, assignable, or attachable; the statutory prohibition in section 15(1) is subject to limited exceptions, but those exceptions did not apply where the business had ceased and there was no transfer of a live business with stock-in-trade and goodwill. The Court also noted that attachment before judgment under Order 38 CPC and appointment of a receiver under Order 40 CPC require a prima facie basis and cannot rest on bare allegations or financial distress. Separately, where tenanted premises are not required for beneficial winding up, the Official Liquidator must surrender possession to the landlord under section 457 of the Companies Act, 1956. Case-Laws Companies Law Tue, 31 Jul 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=106740