Supreme Court · 1999 INSC 369 · Decided 31 August 1999
Industrial Credit & Investment Corporation of India LTD. and ORS. v. Karnataka Ball Bearings CORPN. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 369 · [1999] SUPP. 2 S.C.R. 133
- Case number
- CIVIL APPEAL No. 4853/1999
- Decided
- 31 August 1999
- Bench
- G.B. PATTANAIK, U.C. BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 40
Headnote
Code of Civil Procedure, 1908: Order 40 Rule I-Receiver-Appointment of-Prior to passing of C decree-To effect sale of immovable property-Discretion of court-Scope­ Held: Court has discretion to appoint Receiver and direct sale of immovable properties even prior to passing of decree provided to do so in the circumstances of the case-However, such discretion should be exercised prudently and cautiously with circumspection. Words and Phrases: "Just and convenient"-Meaning of-In the context of 0.40 R.J of the' Code of Civil Procedure, 1908 . D .., "Or such of those
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