Hanuman Rice Traders vs The Additional Senior Sub Judge

Ritu Bahri, J.—The petitioner is seeking a direction for quashing the order dated 03.08.1994 passed by the Additional Senior Sub Judge, Gulha-respondent No. 1, whereby respondent No. 2 has been appointed as Receiver of M/s. Jain Rice & General Mills-respondent No. 5.

Respondent No. 5 had leased out the rice sheller, situated at Kharodi Road, Cheeka, Tehsil Gulha, to the petitioner-firm vide lease deed (Annexures P-1 and P-2). The tenure of the lease deed, as per Annexures P-1 and P-2, was to expire on 31.08.1997. On an application filed by two partners of respondent No. 5 in a suit for dissolution of the partnership firm, Sh. R.R. Sharma, Advocate was appointed at Receiver of the firm M/s. Jain Rice & General Mills, vide order dated 03.08.1994 (Annexure P-6). The petitioner-firm has challenged this order by way of present petition.

This petition was admitted on 06.09.1994 and the operation of the impugned order (Annexure P-6) was stayed, meaning thereby that the Receiver would hand over the possession of the sheller to the petitioner to carry on the business of Hanuman Rice Traders.

Moreover, the period of lease deed (Annexures P-1 and P-2), has since expired. Therefore, this petition, at this stage, has become infructuous. 5. Dismissed as having been rendered infructuous.