https://www.taxtmi.com/caselaws?id=220514 In winding up proceedings, a tenancy asset treated as onerous property may be released by the Company Court in favour of the owner, and trespassers can be directed to vacate the unoccupied portion because the property is deemed to be in the custody of the liquidator. Where, however, lawful sub-tenancy is seriously disputed on facts, especially on the basis of alleged consent for sub-letting, the controversy need not be decided summarily in the company proceedings and may require adjudication in a separate suit or other proceedings under section 446(2) of the Companies Act. en-us Tue, 22 Jan 2013 00:00:00 +0530 Mon, 28 Jan 2013 14:21:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=220514 In winding up proceedings, a tenancy asset treated as onerous property may be released by the Company Court in favour of the owner, and trespassers can be directed to vacate the unoccupied portion because the property is deemed to be in the custody of the liquidator. Where, however, lawful sub-tenancy is seriously disputed on facts, especially on the basis of alleged consent for sub-letting, the controversy need not be decided summarily in the company proceedings and may require adjudication in a separate suit or other proceedings under section 446(2) of the Companies Act. Case-Laws Companies Law Tue, 22 Jan 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=220514