Case Note & Summary
The dispute arose in Suit No. 911 of 1987 filed by Dena Bank against Peter Francis Gonsalves and others. The Plaintiff had previously obtained an order for the appointment of a Receiver on 8th April 1988. Subsequently, the Defendants made payments to the Plaintiff, leading to the consideration of discharging the Receiver. The court noted that the Receiver should be discharged, provided that costs, charges, and expenses were settled. Additionally, the Receiver was instructed to return all documents belonging to the Plaintiff. The court also granted the Plaintiff the right to have the relevant mutation entry recorded in the Revenue Records. The judgment was delivered by Smt. Roshan Dalvi on 23rd January 2009, concluding that the discharge of the Receiver was justified under the circumstances.
Headnote
A) Civil Procedure - Receiver Discharge - Conditions for Discharge - Code of Civil Procedure, 1908 - The Receiver was discharged upon payment made by the Defendants, subject to costs and expenses. The court directed the Receiver to return all documents and allowed the Plaintiff to enter relevant mutation in the Revenue Records. Held that the discharge was appropriate given the circumstances (Paras 1-4).
Issue of Consideration
Whether the Receiver should be discharged following payment made by the Defendants.
Final Decision
The court discharged the Receiver appointed in the suit, subject to the payment of costs, charges, and expenses. The Receiver was directed to return all documents to the Plaintiff and the Plaintiff was entitled to have the relevant mutation entry recorded in the Revenue Records.
Law Points
- Receiver discharge
- mutation entry
- costs and expenses
