JOGINDER NATH GUPTA Vs. SATISH CHANDER GUPTA

JUDGEMENT

(1.) Special leave granted.

(2.) This is a matter in which we ordinarily would not have interfered but for some special circumstances which have been pointed out to us. In Civil Rule No. 6079 (W) of 1981 the learned Single Judge of the Calcutta High court made an order appointing Mr Mrinal Kanti Roy, a learned Advocate of the Calcutta High court as a Receiver over the petitioner, Satish Chander Gupta in respect of business styled as M/s Gangadin Gupta, not for the purpose of carrying on the business but for the purpose of having overall control over the accounts of the same. It appears from the record that after the learned Judge decided to appoint a Receiver Mr Mrinal Kanti Roy was selected with the concurrence of parties. The learned Judge fixed the remuneration of the Receiver.

(3.) This order was challenged by the respondent herein in F. M. A. T. No. 2610 of 1982. A division bench of the Calcutta High court admittedthe appeal and on oral application granted ex parte an interim stay of the order of the learned Single Judge appointing the Receiver by the order dated 7/09/1982 and confirmed the same by the order dated 21/09/1982. The appeal is yet to be heard. This appeal is directed against the order of the appellate bench granting stay of the order appointing Mi Mrinal Kanti Roy as Receiver.