Tue. Oct 27th, 2020

“No. 9 APPOINTMENT OF A RECEIVER (O. XL, r. 1)

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“No. 9  APPOINTMENT OF A RECEIVER  (O. XL, r. 1).

(Title)

To

WHEREAS it appears to the Court that in the above suit it is just and convenient to appoint a receiver of the properties specified below (or whereas the properties specified below have been attached in execution of a decree passed in the above suit on the …………… day of ……………19…./20…., in favour of ……..).

It is hereby ordered that A.B. be appointed (subject to his giving security to the satisfaction of the Court) the receiver of the said property and of the rents, issues and profits thereof under Order 40 of the Code of Civil Procedure, 1908, with all powers under the provisions of that Order except that he shall not without leave of the Court (1) grant lease for a term exceeding three years, or (2) institute suits in any Court except suits for rent, or (3} institute appeals in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1,000, or (4) expend on the repairs of any property in any period of two years more than half of the net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be required would be let when a fair state of repair, provided that such amount shall not exceed Rs. 100. And it is further ordered mat the parties’ Defendants to the above suit and all persons claiming under them do deliver up quiet possession of the properties, movable and immovable specified below together with all leases, agreements for lease kabuliats, account books, papers, memoranda and writings relating thereto the said receiver. And it is further ordered that the said receiver do take possession of the said property, movable and immovable and collect the rents, issues and profits of the said immovable property, and that the tenants and occupies do attorn and pay their rents in arrear and growing rents to the said receiver. And it is further ordered that the said receiver shall have power to bring and defend suit. In his own names and shall also have power to use the name of the plaintiffs and defendants where necessary. And it is further ordered that the receipt or receipts of the said receiver shall be a sufficient discharge for all such sum or sums of money or property as shall be paid or delivered to him as such receiver. And it is further ordered that the said receiver do, out of the first moneys to be received by him, pay the debts due from the said ……………and shall be entitled to retain in his hands the sum of Rs………………. for current expenses but subject thereto shall pay his net receipts, as soon as the same come to his hands into Court to the credit of the suit. He shall once in every ………………. months file his accounts and vouchers in Court, the first account to be filed on the day of and to be passed on the ……….day of………. He shall be entitled to the commission at the rate of Rs…………….. per cent, on the net amounts collected by him or to the sum of Rs……………… per month (or as the case may be) as his remuneration (for he shall act without any remuneration). And it is further ordered (where an additional officer establishment is required) that the said receiver shall be allowed to charge to the estate in addition to his own office establishment the following further establishment: (Here enter specification of the property).

GIVEN under my hand and the seal of the Court………… this …………… day of…….. 19…./20…,

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