ERACH BOMAN KHAVAR vs TUKARAM SRIDHAR BHAT .

The Supreme Court held that the appellant was entitled to seek eviction under Section 446 of the Companies Act, 1956, despite the prior winding up order against the respondent company. The Court clarified that the leave granted by the Companies Court was necessary for the appellant to pursue the eviction suit, and the rejection of the amendment application under the repealed Bombay Rent Act did not bar the appellant's right to file a fresh suit for eviction. The Court ultimately allowed the appeal, reinstating the order of the single judge permitting the eviction suit.