STANDARD CHARTERED BANK Vs. SHIV SHANKAR GUPTA

JUDGEMENT

(1.) This appeal is directed against the order dated 19.7.2004 of the Additional District Judge, Delhi whereby the learned Judge on an application under Order 40 Rule 1 read with Section 151 CPC appointed a receiver and vide his separate order dated 27.7.2004 directed the receiver to take possession of Vehicle No. DL-IC-F-6702 and hand over the same on superdari to the plaintiff therein.

(2.) Brief facts of the case as noted by the Additional District Judge are as follows:-

(3.) It is contended by counsel for the appellant Bank that the vehicle in question has already been sold to the appellant in FAO No. 255/2004, Ms.Dimple Shingla. He contends that the suit being one for possession and damages the court would be in a position to compensate the respondent fully and the amount received on account of sale of vehicle has been adjusted and credited to the account of the plaintiff in the suit, the possession of the vehicle with Ms.Dimple Shingla ought not to be disturbed.