The necessity of appointing a Receiver for estate protection in partition suits with significant day-to-day cash transactions is established.

For defendant no.8 The Court:- By an order dated 8th May, 2025, directions were given for filing of affidavits in an application inter alia for appointment of Receiver filed in a suit for declaration, injunction, partition and administration and for accounts. Affidavit-in-opposition was supposed to be filed by 10th June, 2025. No affidavit has yet been filed. Except the defendant no.8 all other defendants remain unrepresented. The defendant no.8 seeks an extension of time to file affidavit.

It is submitted by the plaintiffs that the suit, inter alia, involves three lodges and/or hotels run at very busy areas in Kolkata. The same is operated by the defendants in exclusion of the plaintiffs being the legal heiresses of Sankar Ghosh who died intestate on 7th November, 2002. The said Sankar Ghosh is the eldest son of Ruhidas Ghosh where estate is sought to be partitioned in the instant suit. There are huge cash transactions as a consequence whereof siphoning of fund on regular basis is taking place to deplete the assets of the estate available for partition. Unless a fit and proper person be appointed as Receiver to scrutinize the accounts of the three lodges/hotels the siphoning of funds will continue.

In a suit for partition with accounts it is necessary to protect the estate particularly where there is huge day to day transaction in cash on regular basis. Unless the estate is protected to that extent the assets of the estate are surely to be sequestered and depleted in value.

The plaintiffs have been able to make out a strong prima facie case. The balance of convenience and inconvenience is also in favour of the plaintiffs. Appointment of Receiver is necessary to save the property from waste and prevent multiplicity of judicial proceedings.

In the aforesaid facts and circumstances, Mr. Anirudh Poddar, learned advocate is appointed as Receiver in respect of the properties mentioned in Schedule “B”, “C” and “D” of this application. The learned Receiver will not interfere with the day-to-day management of the properties but will visit the same on a convenient day to check the register, cash vouchers, bills for lodging and fooding and other documents of the three lodges and countersign the same.

No transaction without written and valid bill in writing duly signed by an authorized person of the defendants shall take place on and from this day (07-07-2025). The Receiver shall visit the three lodges at his convenience every seven days and countersign the bills, vouchers, documents and records pertaining the operation of the three lodges, more fully described in Schedule “B”, “C” and “D” to this application.

The Receiver shall be paid a sum of Rs. 20,000/- at the first instance by the plaintiffs.

Let the matter appear in the list on 31st July, 2025 when the learned Receiver appointed by this order shall file his report. The parties shall cooperate with the Receiver.

The time to file affidavit-in-opposition, so far as the defendant no.8 is concerned, is extended till 21st July, 2025; reply, if any, thereto, be filed by 31st July, 2025..

The Receiver will be entitled to seek police assistance if he is prevented from entering the premises or from scrutinize the documents to carry out the order.