1. KHILJI ARIF HUSSAIN, J. -- -C.M.A. No,2170 of 2006: The plaintiff filed this application to restrain the defendants or any other person(s) claiming through them from halting, snatching, taking possession and/or causing hindrance of whatsoever nature in the operation of the buses plying on the route UTS-11. Interim order was passed on 28-3-2006.
2. ' After hearing the learned counsel for the parties at length and from perusing the record it appears that a considerable amount of finance has been provided by the defendants, out of which a good proportionate of it is outstanding against the plaintiff. Without going into the merits and without prejudice to the respective contentions of the learned counsel for the parties and to safeguard the interest of all the interested parties in the matter, with the consent of the learned counsel for the parties the following order is passed:--
(i) The learned Official Assignee is appointed as Receiver of the 25 buses, having following chassis numbers:-- 1.03778 2.03776 3.03775 4.03774 5.03773 6.03772 7.03777 8.03770 9.03771 13.03897 11.03810 12.03815 13.03819 14.03817 15.3879 16.03809 17.03826 18.03811 19.03812 20.03813 21.03814 22.03816 23.03818 24.03822 25.03825
(ii) The plaintiff will continue to operate the buses as he is presently operating, but under the supervision of the Official Assignee or his nominee;
(iii) The plaintiff will submit fortnightly account with the learned Official Assignee and will deposit 50% with the Official Assignee, which can be adjusted towards the liability of the defendants;
(iv) As and when the defendants want to inspect the said buses, the learned Official Assignee will make necessary arrangement for inspection of the said buses as the defendants have charge on the buses; and
(v) The learned Official Assignee will take assistance of the defendants, if any, required in 'discharge of his duties as Receiver.
3. ' A sum of Rs,20,000 per month will be deposited with the Official Assignee by the .Plaintiff, out of which a sum of Rs,10,000 will be towards the Official Assignee's lee as a Receiver and the remaining amount will be used by the Official Assignee to meet the necessity expenses.
4. ' Listed application stands disposed of in the above terms.
2. Consideration of this application is deferred. Adjourned to a date in office.