https://www.taxtmi.com/caselaws?id=184155 A tenanted premises in liquidation was treated as onerous property because it was no longer being used for the company's business and there was no material showing that continued occupation was necessary for beneficial winding up. The court applied the disclaimer mechanism under the Companies Act as a remedy intended to relieve the company of burdensome or unproductive property, including property carrying onerous obligations. It held that an eviction decree did not bar a disclaimer application, since the Companies Act remedy and decree-based execution were independent. Allegations of collusion or fraud were unsupported. The application for disclaimer was maintainable and the Official Liquidator was directed to disclaim the premises and deliver possession. en-us Wed, 26 Sep 2007 00:00:00 +0530 Thu, 30 Jun 2016 16:49:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184155 A tenanted premises in liquidation was treated as onerous property because it was no longer being used for the company's business and there was no material showing that continued occupation was necessary for beneficial winding up. The court applied the disclaimer mechanism under the Companies Act as a remedy intended to relieve the company of burdensome or unproductive property, including property carrying onerous obligations. It held that an eviction decree did not bar a disclaimer application, since the Companies Act remedy and decree-based execution were independent. Allegations of collusion or fraud were unsupported. The application for disclaimer was maintainable and the Official Liquidator was directed to disclaim the premises and deliver possession. Case-Laws Companies Law Wed, 26 Sep 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184155