K.RAMASWAMY, A.M.AHMADI
Raghbir Singh – Appellant
Versus
Gurcharan Singh – Respondent
(1) BY the order dated 9/05/1989 this court directed that after the completion of the inventory, Gurcharan Singh shall act as a Receiver "to effectuate the winding-up proceedings" and pending dissolution he may "carry on day-to-day business of the firm" including the pending export project on hand but he should not undertake any new business. By our subsequent order dated 25/11/1991, we clarified that the underlying idea of the order was to effectuate winding up and complete the business which was in the pipeline without undertaking any new business whatsoever. It was pointed out to us that the Receiver instead of carrying on day-to-day business which was in the pipeline was undertaking new business as was obvious from the sudden iise in the stock-in-trade. After explaining the purport of the order of 9/05/1989, we directed the Receiver to file an affidavit clarifying (1 whether he has at any point of time after the passing of our order dated 9/05/1989 entertained new orders for the supply of export material, and (2 whether he has undertaken any new business in regard to the firm at all after taking over as Receiver. In response thereto, he has filed an affidavit stating th
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