Party Receivers Appointment: Key Circumstances Explained

2021 Supreme(Online)(MP) 8590

By said order trial Court has allowed the application filed by strangers under S.151 of CPC for initiation of proceedings for appointment of receiver. Trial Court has asked the two receivers to remain present before it on the next date of hearing. ... 2. ... Petitioner will be at liberty to challenge the said order in appeal under S.105 of C.P.C. if circumstances so require. ... Order Accordingly. ... Trial Court has passed an order dat....

High Court Malaya Shah Alam

Chan Siew Mai & Satu Lagi (Lamp 14), which affirm the settled principle that, following the appointment of receivers and managers, company directors no longer have the locus standi to commence, maintain, or defend legal proceedings without the consent of those receivers and managers. ... [40] According to the plaintiff, once receivers and managers are appointed, the directors of the company are divested of their authority....

2024 Supreme(Online)(TEL) 21125

It is further contended that in the facts and circumstances of the case, the Commercial Court ought to have appointed a third party as a Receiver and the appellant has no objection to the same. ... Therefore, normally when the relationship between the parties are strained and there is deficit of trust and allegations and counter-allegations are made against each other, in such circumstances a party to the lis should not be....

2025 0 Supreme(Ker) 1566

This he explains further is because Order 40 Rule 1 stipulates only the ‘appointment of receivers’. Thus when a party is aggrieved by an order ‘appointing a receiver’, an appeal would lie under Order 43 Rule 1 (s). ... Appointment of receivers (1) Where it appears to the Court to be just and convenient, the Court may by Order- (a) appointment a receiver of any property, whether before or....

The first ground was that section 102 of the Trusts Ordinance does not provide for the appointment of receivers; and the second was, or at any rate it seems to have been, that chapter L. of the Civil Procedure Code has no application to the present case, because the plaintiffs have not a right to ... The learned Judge will, doubtless, when he hears the case, keep the circumstances in mind, if he finds facts established, that call for i....

There is an application by the third defendants, yet to be disposed of, for, inter alia, the setting aside of the appointment of the receivers. ... of the receivers set aside. ... The thinking is that were it not for the appointment of the receivers, which the plaintiffs themselves sought and obtained, this application for leave would not have been made and the question of the third defendants having to ....

2024 0 Supreme(AP) 71

This is the rule which governs generally appointment of receivers in disputes between the members of joint Hindu families. It was further held that there was nothing on which the learned judge could have based a finding in favour of there being a wastage or misappropriation. ... No case had been made out for the appointment of a receiver and hence dismissed the appeal.” 7. ... Having regard to the facts and circumstances a....

2025 0 Supreme(SC) 839

Aggrieved, the Appellant who was not a party before the High Court, has preferred the present SLP on the grounds of violation of Article 14 of the Constitution, secular nature of appointment, and eligibility of advocates as receivers. ... We now shift our attention to the issue arising out of the present SLP in relation to the appointment of receivers. Accordingly, Order XL Rule 1 is reproduced here below....

-Receivers are appointed for the better management of property-Section 671 of the Civil Procedure Code. It is true the District Judge has misstated a fact, namely, the entering of an interlocutory order. There is sufficient evidence on record apart from this to appoint a receiver. ... I also think that the plaintiffs have asked for the appointment of a receiver merely for the preservation of their pecuniary interests. I am of opinion that the learned Distri....

2022 Supreme(Online)(MAD) 23450

The team of receivers will comprise of the first defendant (Mahalingam), second plaintiff (Thangavel) and G.Thilagavathy (second defendant and widow of Gunasekaran) as party receivers. They shall assume office from today as receivers. ... Having said that, given the context of the suit and the nature of allegation made therein, it is imperative that AKA Marriage Hall is properly managed for the benefit of the parties, ther....

2017 0 Supreme(UK) 48

(ii) the parties (or the two appointed arbitrators), failing to reach an agreement expected of them under the agreed appointment procedure; or (iii) a person/institution who has been entrusted with any function under the agreed appointment procedure, failing to perform such function. (i) a party failing to act as required under the agreed appointment procedure; or The condition precedent for approaching the Chief Justice or his designate for taking necessary measures under su....

1999 0 Supreme(Gau) 61

(e) such other interim measure of protection as may appear to the Court to be just and convenient, and the Court shall have the power for making orders as it has for the purpose o and in relation to, any proceedings before it.” Learned counsel for the appellant has drawn our attention to section 2(1) (e) of the Act which defines the word 'Court'. (d) interim injunction or the appointment of a receivers; (c) the detention, preservation or inspection of any property or thing wh....

1999 0 Supreme(Mad) 171

( 18 ) THE party receivers can also apply for any further direction, if it is necessary, in the Trial Court as and when it becomes necessary.

1993 0 Supreme(Mad) 425

How and in what circumstances arrest and attachments before judgment are ordered, how and in what circumstances temporary injunctions and other kind of interlocutory orders are passed and how and in what circumstances receivers are appointed are covered by Orders 38 to 40 of the Code of Civil Procedure. Provisions in this behalf that are invoked by the litigants besides the inherent powers of the Court are provisions as to temporary injunction/direction attachment of a proper....

1990 0 Supreme(All) 786

This fact would be evident from the assessment order relating to 1955-66, copy of which is available in the records of I. T. R. No. 221 of 1981. The appointment of interim receivers in Insolvency Cases nos. The immovable properties remained with the Hindu undivided family and the hindu undivided family continued. 1 of 1955 and 8 of 1971 was in respect of the banking business done by the said firm and was totally unconnected with the assessee-Hindu undivided family.