SUSAN MANTOSH Vs. ARUN ROY & ANR

JUDGEMENT

(1.) Two First Miscellaneous Appeals were filed challenging the common order being No.31 dated 10th January 2017 passed by the learned 6th Bench City Civil Court at Calcutta in Title Suit No.335 of 2015. One of such appeals was filed by the defendant No.1. The said appeal was registered as FMA No 355 of 2017. The other appeal was filed by Humayan Properties Ltd. with the leave of the Court as a party adversely affected by the order impugned. The said appeal was registered as FMAT 428 of 2017. Since the common order is under challenge in both these First Miscellaneous Appeals, both the appeals were heard analogously and we propose to dispose of both the aforesaid appeals by common judgment and/or order.

(2.) By the impugned order an advocate, viz., M.S Khusboo Bhimani was appointed as a receiver over a restaurant business run under the name and style of Food Plaza at the suit premises as the learned Trial Judge was of the view, that appointment of receiver over the said business is necessary for proper management and administration of the running business at the suit premises. The learned receiver was directed to ensure that status quo with regard to the possession of the suit property is maintained. The learned receiver was also directed to ensure that accounts are prepared properly. The learned receiver was also directed to submit accounts in Court every three months. First of such report was directed to be submitted on 15th February, 2017. The receiver was directed to prepare a list of employees with a rider that no other employee can be inducted without proper information to the receiver.

(3.) The legality and/or propriety of the said order passed by the learned Trial Judge is impugned in both the aforesaid appeals.