Receiver

 

Sec. 51 (d) - Order XXI Rule 50 - Order XL - As far as decrees against the firm are concerned, it is certianly Order 21 Rule 50 , that applies though there is no specific mention therein with regard to appointment of Receiver. However that does not mean that the power of the court to appoint receivers cannot be applied to decrees against the firm. If the firms' property can be proceeded against for realising the amounts due to the decree holder, it can certainly be done through any of the modes contemplated under in the CPC.  There is no bar at all for the court to invoke the powers under Order 40 Rule 1 to appoint a Receiver to proceed against the property of the firm.[ M/s. Bagsvig vs Coron (India). 2001(1) KLT 309. 2001(1) KLJ 209. M.R.Hariharan Nair (J)]

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