Tmt.Pl.Alamelu v. Sri.M.Muthukaruppan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) SATURDAY, THE 27TH DAY OF APRIL 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN O.A.No.1280 of 2015 in C.S. No.929 of 2015 Tmt.PL.Alamelu W/o.Mr.Palaniappan, Old No.9, New No.11 Bharathi Nagar 3rd Street North Usman Road T.Nagar, Chennai -17 ...Applicant/Plaintiff VS

1. Sri M.Muthukaruppan Old No.7, New No.11, Rosary Church Street, Santhome Mylapore, Chennai-600 004.

2 RM.Arunachalam Sona Illam No.7, AR A RM Street, Karaikudi 1.

3 M.Ravi Flat No.B-1, Shamroc Apartments 126, Madha Chruch Sreet, Santhome High Road, Chennai-600 028.

4 M.Palaniaappan Shri Sai Illam No.38, Lazarus Chruch Road 3rd Lane, Santhome Chennai-600 028.

5 Tmt.R.Alagammai No.5, Dhandayuthapani Nagar, First Sreet,Kotturpuram Chennai -600 085.

6 State Bank of India Rep.by its Branch Manager, Mandaveli Branch, "ALM Buildings" Ground Floor Old No.28, New No.48, Venkatakrishna Road

Mandaveli, Chennai- 600 028.

7 Bank of India Rep.by its Branch Manager, Santhome Branch Ground Floor, Old No.7,New No.11, Rosary Chruch Sreet, Santhome Mylapore, Chennai-600 004.

8 Jaya Priya Chit Funds Private Limited, Rep.by its Chief Executive Officer, First Floor, Old No.7, New No.11, Rosary Chrucch Sreet, Santhome, Mylapore, Chennai-600 004.

9 Innoart Technologies Pvt.Ltd.

Rep.by its Managing Director Corporate Office, "ALM Buildings"

First Floor Old No.28, New No.48, Venkatakrishna Road, Mandaveli, Chennai- 600 028.

10 Global Institute of Gaming and Animation Rep.by its Executive Officer, "ALM Buildings"

Second Floor Old No.28, New No.48, Venkatakrishna Road, Mandaveli, Chennai- 600 028.

11 Mr.B.Puttanna Race Horse Trainer Old No.19 New No.23 American Colony, Cresent Road, Kumarapark East, Shivananda Circle, Bangalore-560 001.

12 S.N.Venkata Rao Old No.18 New No.24 American Colony, Cresent Road, Kumarapark East, Shivananda Circle, Bangalore-560 001.

13 High land Suits Rep.by its Manager/Propriter, Old No.17 New No.25 American Colony, Cresent Road, Kumarapark East, Shivananda Circle, Bangalore-560 001.

..Respondents/Defendants

Original Application praying that this Hon'ble Court be pleased to appoint an Advocate Receiver to take charge of the administration and collection of monthly rents from the tenants in the plaint Schedule properties pending disposal of the above suit.

This Original Application coming on this day before this court for hearing the court made the following order: Though this application was filed seeking appointment of an Advocate Receiver to take charge of the administration and collection of monthly rents from the tenants in the plaint schedule properties pending disposal of the above suit, this Court by order dated 21.11.2016 had appointed an Advocate Commissioner with a direction to the Commissioner to visit all the properties and file a report regarding the actual rent that is being paid by the tenants in occupation of the properties.

2. Pursuant to the said order, the Advocate Commissioner had also visited all the properties and has filed a report setting out the rents collected.

3. Now that the amount of rents that is being collected has been reported to this Court, I don't see any necessity to appoint Receiver, since appointment of Receiver is extraordinary remedy and cannot be resorted to for the mere asking. Proof of acts of waste is essential for appointment of Recevier. I don't find any allegation regarding acts of waste committed by the defendants in the affidavit filed in support of this application.

4. Hence, this application for appointment of Receiver is dismissed. The Advocate Commissioner's report is taken on file.

Sd./-R.S.M.J 01.03.2019 //Certified to be true copy// Dated at Madras this the day of 2019. TE/13/05/2019 COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.