AI Drafter 
TaxTMI 
TaxTMI 
2009 (8) TMI 701
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....f the GIDC and it is not the property of the company in liquidation and the consequential direction prayed by the applicant is to declare that the possession of the official liquidator is illegal and void and to be handed over to GIDC. The other consequential reliefs are prayed by the applicant based on the aforesaid main reliefs. 2. Heard Mr. Gandhi for the applicant, Mr. Jani for the official liquidator, Mr. Parmar for respondent No. 2 and Mr. Bhatt for respondent No. 3. 3. It appears from the record produced before this court that the following are the admitted positions : (1)Whole estate of GIDC is owned by GIDC and the scheme of industrial estate in exercise of the powers under the Gujarat Industrial Development Act, 1962 has ....
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....ons as may be stipulated in the lease deed: (c)Once there is a contract which has not been determined, the relationship of the parties to the contract continues to subsist till the period for which the contract is in existence subject to an express condition to the contrary. (d)There is a distinction between the point of time when an order of winding up is made and at the point of time when an order of dissolution is made the company continues to exist between the two termini. (e)A condition in the lease deed permitting a lessee to give back the possession as and when the lessee chooses to do so cannot be converted into an obligation entitling the lessor to seek possession. (f)A condition in the lease deed by way of requirement ....
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....g the rent would fall in the category of debt of the company under section 530 of the Act. The outstanding dues of the company with the other creditors including the secured creditors or the workers or statutory bodies would stand on different footing because so far as the landlord as the lessor and the company as the lessee is concerned, the relation cannot be termed as that of the creditor and the debtor. The relation between the lessor and the lessee is between the owner of the property and the allottee of the property whose right is created to the extent of lease. The life of lease is dependent upon the compliance with the conditions of the lease and is not in the capacity as the creditor who has to recover the amount. Even otherwise al....
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....those periods, the persons entitled to the rent or payment may prove for a proportionate part thereof up to the date of winding up order or resolution as if the rent or payment accrued due from day to day. Provided that where the liquidator remains in occupation of the premises demised to a company which is being wound up, nothing herein contained shall prejudice or affect the right of the landlord of such premises to claim payment by the company, or the liquidator, of rent during the period of the company's or liquidator's occupation." 11. The aforesaid shows that if the liquidator has remained in occupation of the premises demised to a company which is being wound up, the-rights' of the landlord of such premises to claim the payment by....
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.... GIDC to the company would continue to remain as that of the lessee after the date of winding up ; (2)All obligations as existed prior to the winding up shall continue to remain as obligations even after the date of winding up until the property remains in occupation of the official liquidator arid sold to third party ; (3)The rights of the company in liquidation in the capacity as the lessee of the property are salable interest which can be realised by sale under the supervision of the company court; (4)The official liquidator or the sale committee or the company court may provide for express condition in the sale for liability to be discharged with the lessor prior to the date of winding up by the official liquidator and to be bo....
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....urchaser, the matter can be considered by the company court for finalisation of the amount and upon the payment so made to GIDC lessor, it would not be open to GIDC lessor to decline the transfer in favour of the purchaser ; and (9)So far as any other liability of the lessee towards local taxes outstanding of the notified area, it can be termed as individual liability of such company in liquidation who is occupier of the property and such can be equated with the other taxes of the local authorities. As per the decision of the apex court in the case of AI Champdany Industries Ltd. v. Official Liquidator [2009] 148 Comp Cas 641 ; [2009] 4 SCC 486, the amount outstanding towards such taxes would fall in the category of debt under section 53....