Ruma Pal, J. - (1.) Sri Hanuman Steel Rolling Mills Company Limited (hereinafter referred to as the petitioner) has filed this application for being examined in the suit filed between the parties pro interesse suo in respect of his tenancies under the plaintiff no. 1 from the receiver as mentioned in paragraph 4 of his petition. The petitioner has also claimed an injunction restraining the receiver from demanding or receiving any rent from any of the petitioners sub-tenants.
(2.) The suit was filed on December 5, 1972 on the allegation that the desets of the plaintiff no. 1 had wrongly been taken possession of by one Debi Prosad Jalan. Reliefs have been claimed inter alia regarding such assets. In the suit an interlocutory application was moved on December 7, 1972. That application was disposed of by an order dated May 30, 1973 of S. K. Roychowdhury, J. His Lordship was pleased to appoint Joint Receivers without security over the assets of Howrah Trading Company P. Ltd., the plaintiff no. 1 herein (hereinafter referred to as the company) for the purpose of carrying on business of the company till the disposal of the suit with all the powers provided under Order XL, Rule 1, Clause (d) of the Code of Civil Procedure as also the power to collect outstanding debts and claims due in respect of the properties of the company. The Joint Receivers were given the power to take possession of the properties and to collect the issues and profits thereof. The Joint Receivers were given power to bring and defend suits in their own names.
(3.) It is further ordered that the receipt or receipts of the Joint Receivers shall be sufficiently discharged for all sums paid to or delivered to the Joint Receivers. The Joint Receivers were to be assisted by an Advisory Board consisting of the plaintiff no. 2 and the then defendant, Debi Prosad Jalan, (since deceased) who were at liberty to assist the Joint Receivers in the management of the Company and its affairs. The Joint Receivers were empowered to act solely at their discretion and the plaintiffs and the defendants were prohibited and restrained from acting as Directors of the Company. The Company had also been restrained from holding any meetings. The entire tenure of the order shows that the Joint Receivers were given full and absolute control to represent and a on behalf of the Company and to manage the affairs of the Company. Liberty was also given to the parties to apply to Court for necessary directions as they may be advised.;