Calcutta High Court
Smt. Bimla Bagaria vs Sushil Kumar Bagaria & Ors on 6 February, 2009
Author: Patherya
Bench: Patherya
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
GA No. 439 of 2008
CS No. 582 of 1985
N. K. BAGARIA & SONS
AND
SMT. BIMLA BAGARIA
VS.
SUSHIL KUMAR BAGARIA & ORS.
GA No. 888 of 2008
CS No. 265 of 1992
AVISHEK BAGARIA
VS.
SUSHIL KUMAR BAGARIA & ORS.
BEFORE
THE HON'BLE JUSTICE PATHERYA
DATED : 06. 2. 2009 Mr. Amitava Das, Advocate appears.
Mr. Sakhya Sen, Advocate appears.
Mr. Jayanta Banerjee, Advocate appears.
THE COURT : By order dated 18th December, 2008 the
Receiver was directed to hand over possession forthwith to the incoming Joint Receivers. Such order was modified on 9th January, 2009 and the Joint Receivers were directed to take possession of the assets and properties immediately subject to filing of accounts. The said has been interpreted by the Receiver that unless the said accounts is filed possession will not be handed over.
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Accordingly the erstwhile Receiver who stands discharged is directed to hand over possession of the assets and properties of the partnership firm forthwith to the Joint Receivers appointed by order dated 18th December, 2008 subject to filing of accounts. The discharge is only in respect of possession of the assets and properties of the partnership firm. This will not bar the filing of accounts by the erstwhile Receiver which shall be filed by 13th February, 2009. This order is passed as no step has been taken by the erstwhile Receiver to file the accounts nor a prayer made for extension of time. In fact none appears on behalf of the erstwhile Receiver in spite of notices given to him. In default of filing of accounts the erstwhile Receiver is directed to show cause why such accounts has not been filed in spite of direction given. In the event the accounts is filed by 13th February, 2009, the question of filing of affidavit will not arise but in the event no accounts is filed till the date specified hereinabove, the affidavit to show cause be filed by 20th February, 2009. The erstwhile Receiver and the Joint Receivers will be responsible for all actions and/or inaction taken during the period of their appointment and discharge.
The parties are directed to intimate the erstwhile Receiver of the order passed this day.
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Erstwhile Receiver, incoming Joint Receivers and all parties to act on a xerox signed copy of this order on the usual undertakings.
( PATHERYA, J. ) pa 4