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Kathreena Vs. Trichur CochIn National Bank Ltd. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKerala High Court
Decided On
Case NumberCivil Revn. Petn. No. 993 of 1958
Judge
Reported inAIR1960Ker57
ActsCode of Civil Procedure (CPC) , 1908 - Order 40, Rules 1 and 4 - Order 43, Rule 1
AppellantKathreena;trichur CochIn National Bank Ltd.
RespondentTrichur CochIn National Bank Ltd.;kathreena
Appellant Advocate T.S. Venketeswara Iyer,
Respondent Advocate N. Sundara Iyer and; V.R. Venkatakrishnan, Advs.
DispositionRevision dismissed
Cases ReferredBudhulal Jagannath v. Hirdagarh Collieries Ltd.
Excerpt:
- motor vehicles act, 1988[c.a.no.59/1988] section 147 (1)(b)(i) [as amended in 1994]; [v.k. bali, cj, m.ramachandran & s. sirijagan, jj] third party risk gratuitous passengers - liability of insurance company held, gratuitous passengers in transport vehicles, including a motor cycle, can have coverage only when a comprehensive policy or extended policy as might be possible to be issued has been availed of by the owner of the vehicle. only in such cases, the insurance company is required to compensate. payment of premium alone can cast a corresponding duty on the insurer for rendering coverage on any such group, when they are not required to be mandatorily brought under insurance protection. [oriental insurance co. ltd. v ajaykumar, 1992 (2) ker lt 886 (f.b) is no..........remuneration. the trial court passed an order on 10-10-1957 stating that the plaintiff would be appointed receiver in case the plaintiff was prepared to furnised security for rs. 1,000. before such security was produced the 15th defendant applied stating that she was not aware of the posting of the case to 10-10-1957 and that she may be appointed as receiver. the trial court dismissed her prayer and she preferred an appeal to the district court, the learned district judge held that the order was not appealable and the 15th defendant has preferred this civil revision petition against the order of the district judge.2. the order from which the appeal was filed was neither one appointing a receiver nor refusing to appoint one. it cannot also be treated as an order refusing to remove a.....
Judgment:
ORDER

1. The short question arising for decision in this Civil Revision Petition is whether an order preferring the plaintiff to the petitioner as. Receiver is appealable. The suit which has given rise to this Revision petition was one for recovery of mortgage money. The plaintiff, a Bank, applied for appointment of a Receiver for the mortgaged, properties, and after hearing all the parties, the trial court passed an order on 15-3-1957 appointing Receiver. One Kartha was appointed as Receiver. There was no appeal from this order so that the finding that a Receiver had to be appointed has become final. Kartha did not furnish security as directed and he filed a memo stating that he was not prepared to act as Receiver. At that stage the plaintiff offered to act as Receiver without remuneration. The trial court passed an order on 10-10-1957 stating that the plaintiff would be appointed Receiver in case the plaintiff was prepared to furnised security for Rs. 1,000. Before such security was produced the 15th defendant applied stating that she was not aware of the posting of the case to 10-10-1957 and that she may be appointed as Receiver. The trial court dismissed her prayer and she preferred an appeal to the District Court, The learned District Judge held that the order was not appealable and the 15th defendant has preferred this Civil Revision Petition against the order of the District Judge.

2. The order from which the appeal was filed was neither one appointing a Receiver nor refusing to appoint one. It cannot also be treated as an order refusing to remove a receiver. All that the court was concerned with was the choice of a person as Receiver, and the trial court preferred the plaintiff to the 15th defendant. Order 43 Rule 1 provides for appeals from orders under Rule 1 or 4 of Order 40. As pointed out earlier this cannot even be treated as an order refusing to remove a Receiver since there was no effective order appointing the plaintiff as Receiver when this application was filed. It is therefore unnecessary to consider the question whether an order refusing to remove a Receiver is appealable. The District Judge was therefore right in holding that the 'appeal was incompetent.

3. AS the matter has come up in revision before this court, learned counsel for the petitioner attempted to establish that the appointment of the plaintiff as Receiver was improper and that she ought to have been appointed instead. It was observed by the trial court that it was incorrect to say that the order was passed without hearing the petitioner. It was also urged that the appointment of a public limited company as Receiver was not proper. There is no provision of law supporting this contention. No doubt, there is an observation in Budhulal Jagannath v. Hirdagarh Collieries Ltd., MR 1942 Nag- 64, suggesting that it may not be desirable to appoint a limited liability company as Receiver. It is however seen from the judgment that the Question did not directly arise for decision. So long as there is no bar to the appointment of a limited liability company as Receiver, I am not inclined to set aside the order on this ground. The trial court has observed that the petition for appointment of Receiver came up for consideration on several occasions and that the only objection pressed by the present petitioner against the appointment of the plaintiff as Receiver was that security should he taken. In view of this, there is no case for the petitioner on the merits either. The order does not therefore call for interference.

4. The civil revision petition fails and is dismissed with costs.


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