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    <title>2004 (4) TMI 299 - HIGH COURT OF GUJARAT</title>
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    <description>Section 446(2) of the Companies Act, 1956 gives the Company Court wide summary jurisdiction in winding-up matters to entertain an Official Liquidator&#039;s request for eviction and recovery of company property without requiring a separate suit. Limitation was held to run from enforceability of the consent decree, not from a prior possession claim, and the special exclusion under section 458-A had to be applied, making the application timely. Occupants who defaulted in payment and ignored later deposit directions were treated as unauthorized occupants, and their reliance on municipal tax receipts or subletting did not confer lawful possession. The premises were therefore recoverable with police protection.</description>
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    <pubDate>Fri, 16 Apr 2004 00:00:00 +0530</pubDate>
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      <title>2004 (4) TMI 299 - HIGH COURT OF GUJARAT</title>
      <link>https://www.taxtmi.com/caselaws?id=109091</link>
      <description>Section 446(2) of the Companies Act, 1956 gives the Company Court wide summary jurisdiction in winding-up matters to entertain an Official Liquidator&#039;s request for eviction and recovery of company property without requiring a separate suit. Limitation was held to run from enforceability of the consent decree, not from a prior possession claim, and the special exclusion under section 458-A had to be applied, making the application timely. Occupants who defaulted in payment and ignored later deposit directions were treated as unauthorized occupants, and their reliance on municipal tax receipts or subletting did not confer lawful possession. The premises were therefore recoverable with police protection.</description>
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      <pubDate>Fri, 16 Apr 2004 00:00:00 +0530</pubDate>
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