JUDGMENT Hon’ble Servesh Kumar Gupta, J. By way of this revision, the order dated 22.9.2015 passed by the Civil Judge (Senior Division), Roorkee, District Haridwar in Original Suit No.158 of 2012, bearing title ‘Smt. Shalini Prem v. Nupur Singh & others’ is in question. By such order, the application moved by Smt. Nupur Singh, invoking the powers of the Court under Order 40 of the Code of Civil Procedure for appointing a Receiver on the property, popularly known as ‘Hotel-Motel Polaris’ in Roorkee town itself, has been refused. 2. Learned Counsel on behalf of the revisionist as well as learned two Senior Counsels on behalf of the respondents (all the three real sisters) have been heard at good length and after hearing such submissions, learned Senior Counsels for the respondents have urged that several other details pertaining to the matter, in controversy, shall be filed in the counter affidavit, wherefor the Court permits them to file such affidavit within four weeks since today. 3. However, looking to the controversy as regards the appointment of Receiver, the Court feels its inclination to take care of the property instantly. Even for a moment, if it is considered that after the marriage of Smt. Nupur Singh with Dhruv Singh on 27.11.2000, the differences cropped up between the couple leading to initiation of divorce petition between them, the fact remains that still she holds the status of a legally wedded wife till she is divorced, which now is not possible because Mr. Dhruv Singh passed away on 18.8.2012. It transpires that presently this property is being looked after either by one or all the three sisters, so the Court restrains all the three-sisters from interfering in the administrative control of this property. Now, the question arises that till the matter is considered on merits, after rendering the opportunity of filing counter affidavit as regards the appointment of Receiver, who will look after this property. 4. Looking to the facts of the case, the Court hereby directs that the present working Chief Manager of the property as well as the Chartered Accountant, looking after the affairs of the entire business, shall remain the provisional in-charge of the same for taking care of the entire business transactions as well as the profit and loss. 5.
4. Looking to the facts of the case, the Court hereby directs that the present working Chief Manager of the property as well as the Chartered Accountant, looking after the affairs of the entire business, shall remain the provisional in-charge of the same for taking care of the entire business transactions as well as the profit and loss. 5. The revisionist is, accordingly, directed to implead the Chief Manager of the said Hotel as respondent no.4 by way of moving appropriate application. Meanwhile, the Chief Manager will furnish the latest affairs of the whole property including the financial aspect and the deposits made in the bank accounts out of the earning of such property. 6. It is, however, directed that none of the sisters (respondents) shall be permitted to interfere a least in the administration of the property except that they will not be denied the entry and usual courtesies of hospitality at the end of the Chief Manager/all other concerning staff of this property looking after the management and other affairs. But they or any one of them shall not be permitted to hold the meeting with local people in the hotel or exert their influence in any manner. Any information, if received by this Court about the deviation from the directions of this Court would depict the ouster of the Manager, chartered accountant or any other staff. 7. Since the revisionist- Smt. Nupur Singh is the legally wedded wife, having responsibility of her adolescent daughter Km. Namya Singh, born out of her wedlock from Mr. Dhruv Singh (the previous owner of property), so the Chief Manager/Chartered Accountant is hereby directed to prepare the bank draft worth rupees fifty thousand on monthly basis w.e.f. 1.11.2015 in the name of Smt. Nupur Singh and then, in turn, send the same to her address where she is residing or make her receive in person, so as to facilitate her living in the society. 8. It is further observed that in the same manner, the revisionist Smt. Nupur Singh, if visits the hotel along with her daughter or any other near or blood relative, then she will be also entitled for provisional (1-2 days) due hospitality including boarding and lodging. 9.
8. It is further observed that in the same manner, the revisionist Smt. Nupur Singh, if visits the hotel along with her daughter or any other near or blood relative, then she will be also entitled for provisional (1-2 days) due hospitality including boarding and lodging. 9. If any hindrance or obstacle is created in the management of this hotel, otherwise than the guidelines, as have been indicated above, then the District Magistrate/Senior Superintendent of Police, Haridwar shall be duty bound to remove any such obstacle and to render every possible assistance to the Chief Manager/Chartered Accountant so that the law and order situation within the precincts as well as surroundings of this hotel may not be endangered. 10. List after four weeks. Meanwhile, the counter affidavit as directed hereinabove, may be filed. 11. Stay application (CLMA 12739/2015) stands disposed of accordingly. 12. Let a copy of this order be supplied to learned counsel for all the parties, today itself, on payment of usual charges.