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1990 Supreme(Mad) 905

SRINIVASAN
L. Rmk. L. Kannan @ Ramakrishnan – Appellant
Versus
L. Rmk. Narayanan – Respondent


ORDER

Srinivasan, J.

1. In this civil revision petition, a question is raised by the petitioner that the parties to the suit who are appointed as Receivers are not entitled to claim remuneration for functioning as such. No doubt, the order appointing them as Receivers did not fix any remuneration but it is not axiomatic that a party-Receiver is n5t entitled to any remuneration under any circumstances.

2. In England, a party to a proceeding appointed as receiver is not generally entitled to remuneration without the consent of the other parties. In Halsbury's Laws of England, IV Edition, Volume 39, at page 931, the law is stated thus:

Salary Generally Allowed : A receiver appointed by the Court is allowed such proper remuneration, if any, as the court may fix, but his right is limited to the assets and in case of deficiency cannot be enforced against the plaintiff or other parties personally. A trustee who is appointed receiver is not generally entitled to remuneration, but even a trustee-receiver, unless he is expressly appointed 'without salary', may be allowed remuneration if no other person equally well qualified for the position can be found or, in the case of an administration acti
























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