The choice of the person to be appointed as a party receiver in a suit for framing a scheme is challenged in the Civil Revision Petitions. The decree which has become final directs a scheme to be framed to run the partnership firm - Dr. Ambedkar Memorial Cashew Factory. The courts below have thought it fit to appoint the first respondent as the party receiver as a temporary measure till the scheme is framed.
2. The first respondent is admittedly a living partner whereas the petitioners claim to be the legal heirs of a deceased partner by name Raghavan. The respondents on the other hand contend that Raghavan was only a licensee and not a partner of the firm.
3. I do not want to disturb the existing arrangement whereby the first respondent has been appointed as the party receiver. I however add that an Advocate Commissioner will function under the party receiver who has otherwise been 2 C.R.P. Nos. 53 & 59/2014 directed to suggest a scheme for the management as per the common judgment in A.S. Nos. 35/1985 and 117/1981.
4. The Advocate Commissioner will have access to the premises as well the records at any time so that he can suggest effective measures to frame a scheme. The court below is directed to frame a scheme for the management of the partnership firm and take the proceedings to a logical end. The needful shall be done within a period of six months from the date of production of this judgment.
5. The party receiver as well as the Advocate Commissioner shall file separate periodical statements in the court below once in two months.
The Civil Revision Petitions are disposed of.
ncd V. CHITAMBARESH JUDGE