HOWRAH TRADING CO. PVT. LTD. AND OTHERS Vs. GOPAL KRISHNA JALAN AND OTHERS
LAWS(CAL)-2012-1-317
HIGH COURT OF CALCUTTA
Decided on January 09,2012

Howrah Trading Co. Pvt. Ltd. And Others Appellant
VERSUS
Gopal Krishna Jalan And Others Respondents

JUDGEMENT

I.P.MUKERJI, J. - (1.) I am assured that all the interested parties are before me.
(2.) This suit was withdrawn as long ago as on 10th March, 1986. In the records of this court it was shown that the suit was "dismissed as withdrawn". When almost immediately orders should have been passed directing the Receiver to restitute things in his hands to the company, the Receiver was directed to continue under orders of this court. The justification was that dismissal of a suit did not discharge the Receiver. This is absolutely wrong. Dismissal of a suit should immediately bring to an end the functions of any person acting as Receiver in the suit, as quickly as possible, by the Court directing monies and other things in his hands to be given back to the parties to the suit or third parties as the Court deems fit and proper. Otherwise, the Court is not dismissing the suit but continuing to entertain it.
(3.) But that did not happen. The Receiver has thereafter continued to be in charge of the company for more than 25 years.;


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