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SHA " 37 For appointment of a receiver, a person seeking appointment
is to make out a case of waste or damage to the property A receiver
cannot be appointed merely because it is expedient or convenient
to one of the parties to do so or because it will do no harm to
do so Though the appointment of receiver is discretionary, exercise
of such a discretion is to be based on sound judicial principles
A receiver can be appointed in case no other adequate remedy or
means of accomplishing the desired object of the judicial proceeding
is available It is to be based on a very good prima facie case
of plaintiff succeeding in the legal proceeding In order to have
a receiver appointed plaintiff not only has to show a conflicting
claim to the property but must also show some emergency or damage
or loss demanding immediate action It is also no more res integra
that normally receiver is not to be appointed where it has an effect
of depriving a defendant of a de facto possession which may cause
irreparable loss to the defendant The conduct of the parties is
also very relevant In Rajeshwar Nath Gupta v Administrator General
& Page 32 of 53 OMP
2
AIR 1989 Delhi 179
All India Reporter, Delhi Series
India - Delhi
Cases Referring to this Case
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