1993 (8) TMI 248

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....dered arrears of rent since September, 1980, and they ceased to occupy the premises for a continuous period of four months. On notice having been issued in the said application, respondent No. 2 therein took an objection that no proceedings could be taken against the petitioner-company except with the leave of the court, in view of the provisions of section 446 of the Companies Act, because liquidation proceedings were pending in the Calcutta High Court against petitioner No. 1. The learned Rent Controller found that the permission of the Calcutta High Court had been obtained and the relevant orders of the High Court, by which the appeal of the landlords was allowed, placed on the record as exhibit A-4. It was also concluded that the respon....

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....sed by the Calcutta High Court did not allow the landlords to file an ejectment application. The decree-holders filed reply to the objection petition stating that they did file an application before the Calcutta High Court and it was accepted in appeal by the said High Court. It was on these premises contended that the execution application was maintainable. The executing court after considering the matter dismissed the objection petition by order dated March 24, 1990. Aggrieved by the said order, Beni Carbon Company and the official liquidator have filed the present revision. Learned counsel for the petitioners vehemently contended that the order passed by the learned Rent Controller ordering ejectment from the premises in question w....