- (1.) THIS revision petition has been filed against the judgment 17.3.2009 whereby the order of the trial court has been set aside. The proceedings before the trial court were pending on the application of the petitioner to substitute the Receiver as he was not discharging the duties according to the direction of the court and both the parties have been directed to suggest new names for appointment of the Receiver.
(2.) THE contention of the present petitioner is that earlier the proceedings under Section 145, Cr.P.C. were initiated and Shri Chandrabhan was appointed Receiver. The application for substitution of Receiver was submitted before the court below and the court has only ordered that two other names on the next date should be submitted to appoint Receiver. There was no final order for the removal of the Receiver and this petition is premature and when the Receiver was not performing the duty, according to the direction of the court, the order of the trial court was justified and the order of the revisional court should be set aside. Per contra, the contention of the respondent is that the record of the case is held in the present revision petition which be sent back and the trial court should be directed to expedite the proceedings under Section 145, Cr.P.C. and the counsel for the Receiver has submitted that opportunity of hearing should also be given to him before passing a final order of removal of the Receiver.
(3.) HEARD learned counsel for the parties and perused the material available on record.;