Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1816 of 2018 Petitioner :- Thakur Girraj Ji Maharaj Mukharvind Mukut Virajman Mandir And 5 Ors.
Respondent :- Rama Kant Goswami And 3 Ors. Counsel for Petitioner :- Rama Goel Bansal Counsel for Respondent :- Rahul Sahai Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed for issuance of a direction to respondent no.1, Rama Kant Goswami, who is acting as receiver of the properties of Thakur Girraj Ji Maharaj, petitioner no.1 to furnish the details of account and audit report and for further direction for his removal and appointment of any Judicial Officer in his place to manage the accounts and properties of plaintiff no.1. The petitioner has sought a further direction to the trial court to hear the application filed by the petitioners for protecting the interest of petitioner no.1.
It appears from the record that in the suit instituted by the petitioners respondent no.1 Rama Kant Goswami was appointed as receiver in place of earlier appointed receiver. He was directed to maintain regular accounts and to furnish details thereof to the court at regular intervals. There was also an order passed by the trial court on 28.7.2014 by which he was directed to furnish security bond of Rs. 5 Crores. Again on 6.2.2016, the receiver was directed to submit the bill vouchers and audit report by the next date.
The grievance of the petitioners is that the receiver has not complied with any of these directions and neither the bill nor the audit report has been submitted. Consequently, the petitioner filed an application in July, 2017 bearing Paper No. 2179 ga for issuance of a direction to the Receiver to submit bill vouchers and audit report. Another application was filed by the petitioners on 30.1.2018 for issuance of certain other directions.
The grievance urged is that these applications have not been disposed of by the trial court so far.
Since, the applications are yet to be considered and decided by the trial court, therefore, the instant petition is disposed of with a direction to the trial court to ensure disposal of above referred applications without any further delay and also without granting unnecessary adjournments to the parties.
(Manoj Kumar Gupta, J)
Order Date :- 23.3.2018
AK Pandey