MOHAMMAD SHAFI CHAMAN Vs. ABDUL RASHID NAJAR
HIGH COURT OF JAMMU AND KASHMIR
Mohammad Shafi Chaman
Abdul Rashid Najar
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MANSOOR AHMAD MIR, J. -
(1.) THIS revision petition is directed against the order dated 16th May, 2005 passed by learned Munsiff, Anantnag in a suit titled Mohammad Shafi Chaman and Ors. v. Abdul Rashid Najar and Ors., whereby and where -under application for removal of received sic (receiver) moved by the plaintiffs came to be rejected, which shall be hereinafter referred to as impugned order.
(2.) IT is necessary to notice brief facts of the case herein; Petitioners -plaintiffs filed a civil suit before the learned Munsiff, for dissolution of partnership and alongside the suit filed an application for appointment of receiver which came to be allowed vide order dated 27th November, 2002 whereby and where -under receiver came to be appointed and one G.A. Thakur came to be appointed as receiver.
Feeling aggrieved of the said order defendant No. 1 -Abdul Rashid Najar filed an appeal before the District Judge, Anantnag, which came to be partly allowed vide order dated 18th March, 2003 and the order of appointment of receiver dated 27th November, 2002 came to be modified.
(3.) IT is profitable to reproduce the operative part of the order dated 18th March, 2003 herein, which reads as under: Now the question for consideration is who is to be appointed as receiver? The partnership business consisted of hotel business namely Pamposh Hotel. The nature of business is such which needs its own way of dealing with the customers and suppliers. The business needs full time control and supervision and staff to run the hotel business so that it makes profit to cater the need of manpower to run the hotel and also to the parties. There are no compelling circumstances to allow a stranger to take over the business and run it. The appellant is admittedly running hotel for last eight years. It will be just and convenient to appoint appellant Ab. Rashid Najar as receiver....;
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