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1983 DIGILAW 34 (HP)

Dinesh Kumar v. Tilak Raj

1983-07-29

H.S.THAKUR

body1983
JUDGMENT H. S. Thakur, J — (Oral) The petitioners have filed this application for the removal of the receiver. 2. The relevant facts may be stated, A civil suit has been filed by the petitioners against the respondents for partition and rendition of accounts in the Court of the Senior Sub Judge, Mandi. During the pendency of the suit, one Shri Amar Chand was appointed as a receiver by the trial court. The appointment was challenged by the respondent. Tilak Raj, before the District Judge but the order of the trial court was maintained. Thereafter, the respondent filed a revision petition in this Court. The High Court by an order dated 24th September, 1981, allowed the revision petition and appointed the respondent as a receiver on terms. The operative portion of the judgment in this behalf may be reproduced : “Shri Tilak Raj, receiver, shall keep a proper and accurate account of the business conducted by him and shall submit all the details of that account every month to the Senior Sub Judge, Mandi. The respondents shall be entitled to look to the details of the account thus submitted by Shri Tilak Raj, receiver to the Senior Sub Judge, v. Both the parties shall also be entitled to approach the Senior Sub Judge and to obtain suitable adjustments as regards the powers of the receiver and the right of the respondents to check the accounts.” 3. The petitioners preferred special leave petition-in the Honble Supreme Court. Their Lordships of the Supreme Court by an order dated 3rd September, 1982 ordered the appointment of a co-receiver but observed that all other directions given by the High Court will remain. 4. It is asserted by the petitioners that the respondent has not complied with the directions of the court and has failed in submitting the accounts and has also committed other irregularities. 5. A preliminary objection has been raised on behalf of the respondent that this Court has no power to entertain the application for the removal of the receiver as the order of this Court has ultimately merged into the order passed by the Honble Supreme Court. He has referred to a decision in M/s Gojer brothers (P) Ltd. v. Shri Ratan Lal Singh, [AIR 1974 SC 1380]. He has referred to a decision in M/s Gojer brothers (P) Ltd. v. Shri Ratan Lal Singh, [AIR 1974 SC 1380]. In this judgment a reference has also been made to the decision of the Supreme Court in Shankar Ramchandra v. Krishnaji Dattatraya, [AIR 1970 SC 1] and Col- lector of Customs, Calcutta v. East India Commercial Co. Ltd,, [AIR 1963 SC 1124], 6. The essence of the above decisions is that when an appeal or a revision is filed in a superior court, it is only the order of the superior court which is to be executed irrespective of the fact whether the superior court has dismissed, modified, or reversed the same. On the strength of these decisions, it is pointed out by the learned counsel for the respondent that since the order of this Court was modified by the Honble Supreme Court, it is the Supreme Court along that has got the jurisdiction to entertain such an application. 7. It is pointed out by the learned counsel for the petitioners that since the respondent was appointed as a receiver by this Court and the order of this Court was not reversed by the Honble Supreme Court but was only modified, this Court has jurisdiction to entertain the application for the removal of the receiver. 8. Keeping in view the dictum of the Supreme Court, I cannot agree with the contention raised by the learned counsel for the petitioners. I am of the view that since the matter was ultimately decided by their Lordships of the Supreme Court, this Court has no jurisdiction to entertain this application. The application is accordingly dismissed, but with no order as to costs. Application dismissed.