KRISHNAWATI DEVI Vs. LALA HARJAS MAL MISRA

JUDGEMENT

(1.) This appeal is directed against the order dtd. 4/8/1973, passed by the 1st Additional District Judge, Varanasi, on an application moved by Smt. Lilawati on 30/8/1971, under Sec. 41 of the Arbitration Act, for ap pointment of a receiver of the firm Tilak Raj Krishan Kumar with powers to take over the entire assets of the partnership, in cluding its books of account and to take charge of the place of business of the dis solved firm and also to realise the assets and dues of the firm and discharge its pressing liabilities with the permission of the Court. That application was registered as Misc. Case No. 34 of 1971. It was contested by the present appellants. After hearing the par ties and considering the circumstances plac ed before him, the learned 1st Additional District Judge allowed the application and appointed Sri Amar Singh Advocate, receiver of the dissolved firm Tilak Raj Krishna Kumar. He also issued certain directions at contained in the impugned order.

(2.) At the outset, a preliminary ob jection was raised with regard to the maintainability of this appeal on the ground that since the impugned order was passed under Sec. 41 (b) read with the second schedule of the Arbitration Act, no appeal would lie under Sec. 39 of the Act. It was contended that the application for ap pointment of receiver was moved under Sec. 41 read with the second schedule to the Arbitration Act. The order passed on that application was an order passed under the Arbitration Act. Sec. 39 of the Act makes provision for appeal against certain orders mentioned therein. As no appeal lies from an order appointing a receiver, it was

(3.) Sec. 39 of the Arbitration Act under the Act and from no other, which hereinafter called the Act lays down that an are specifically mentioned therein. An order the orders, ended others. It nowhere provides for an appeal from an order passed under Sec. 41 appointing a receiver. Sec. 41 (b) provides that subject to the provisions of the Act and the rules made there under, the Court shall have, for the purpose of and in relation to, arbitration proceedings, the same power of making orders in respect of any of the mat ters set out in the second schedule, as it has for the purpose of and in relation to any proceedings before the Court. The second schedule enumerates the powers of the Court as contemplated by Sec. 41, one of mint of receiver.