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| Application for Appointment of Receiver format |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Application for Appointment of Receiver
IN THE COURT OF ___________ LEARNED CIVIL JUDGE
___________ Vs ___________
SUIT FOR DECLARATION , RENDITION OF ACCOUNT , PERMANENT AND MANDATORY INJUNCTION
APPLICATION FOR APPOINTMENT OF RECEIVER U/O XL RULE 1 READ WITH SECTION
151 CPC
Respectfully Sheweth:-
1.
That the matter mentioned
above is pending before this Honourable Court between the parties and fixed for
today.
2.
That the
plaintiff alongwith defendant no. 1 to 3
are partners in M/S ___________, the
CNG station is situated at Khasra No. ___________ Colony, ___________and
its head office is situated at ___________Rawalpindi.
3.
That the
applicant / plaintiff is owner and share holder in the business to the extent
of 30% and from date 13-01-2011 the respondents / defendants are not paying any
profit, share to the plaintiff and not allowing plaintiff to enter in the suit
premises for inspection and for getting benefit from the business being share
holder, therefore the plaintiff has filed above mentioned case before this
Honourable Court for declaration and rendition of accounts etc.
4.
That the
plaintiff has mentioned correct address of the parties but defendants
are deliberately and intentionally not joining the court proceedings and also
not accepting the legitimate demands of
the present applicant / plaintiff .
5.
That the
plaintiff / applicant being share holder
and partner of the business has full right to get the monthly profit from the
business and to get whole information about the accounts and business, but the
defendants are not allowing the present applicant for same.
6.
That this
Honourable Court has issued notices / summons to the defendants many time but
the defendants are not coming in this Honourable Court just to deprive the
applicant for his interest in the business.
7.
That the
applicant is filing this application for the appointment of receiver, because
the applicant has serious apprehensions that the defendants are changing the
accounts fraudulently and want to get maximum benefit from the business and
ultimately they are going to damage /
destroy the whole business after getting their interest just to deprive the
plaintiff, therefore the plaintiff / applicant has no other alternate a remedy
to safe his rights in the business.
8.
That this
Honourable Court has full discretion and powers to appoint the receiver with
regard to the suit property for following acts.
a.
To remove the
persons from the possession of suit property.
b.
To take the
custody of suit property and management of the property.
c.
To get all
accounts of the business, and work for management, protection, preservation,
collection of the rents and the profits and submit these all in this Honourable
Court.
d.
To collect all
the Gas bills, Electricity bills, etc from January 2011 from the defendants and
produce in this Honourable Court.
e.
And to do all
acts which are mentioned and allow by order XL rule 1,to 4.
PRAYER:
In view of above,
It is most humbly prayed that this application may kindly be accepted and
receiver may be appointed for suit property for the interest of justice.
Any other relief
which this Honourable Court may deem just and proper.
Applicant / Plaintiff
Through:-