1. ' MAMOON KAZI, J.--- The appellant is aggrieved by the order passed by the learned Company Judge dated 16-12-1990, directing the official assignee to hand over the possession of the registered office of the Company, Messrs Firdous Textile Mills Ltd. to respondent No,2, the auction- purchaser. The aforesaid order appears to have been passed on a reference made by the official liquidator requesting that he may be allowed to hand over possession of the said premises to respondent No,2 alongwith fittings and fixtures which had been sold to him.
2. ' The main contention of Mr. Ismail Merchant, learned counsel for the appellant before us has been that although the respondent No,2 could purchase fittings and fixtures lying in the office of the Company, but, he could not purchase the tenancy rights without consent of the appellant. No doubt, the contention prima facie appears to be correct but the impugned order shows that the possession was ordered to be handed over to respondent No,2 without prejudice to the rights and contentions of the Habib Bank Ltd. Since the possession was ordered to be handed over by the learned Company Judge without prejudice to the rights and contentions of the appellant, evidently no final decision had been taken by the learned Single Judge, in this regard and the question whether tenancy rights could be transferred to respondent No,2 under the law appears to be still open and the same in our opinion, can be still agitated before the learned Company Judge. No doubt, possession has been ordered to be handed over to respondent No,2 and admittedly respondent No,2 at present is in possession of the premises in question, but it appears that the same is tentative and final decision can still be taken in the matter by the learned Company Judge.
3. ' In the result, although, we dismiss this appeal but it may be clarified that it is still open for the appellant to reagitate the question before the learned Company Judge. Needless to say, that in case the decision is against the appellant the appellant may file an appeal against such order if so advised.