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Can receiver without court's order pass property


16-Nov-2023 (In Arbitration Law)
In a partnership firm dispute a receiver was appointed in sec 9 of arbitration axt 1996 and banks account booksand property was seized by receiver. The partners had mutual compromise and order was pass by the court to open the bank accounts but no orders were givenot to receiver to handover back the account books. Can a receiver without courts order pass the property and account books to partner
Answers (1)

Answer #1
796 votes
Any interim measure by the Court has the status of a decree. Now if the court passed the order of opening the bank accounts once again and the receiver even handed over the account books, you can certainly challenge that by arguing that the receiver overstepped the decree that was made.
However, the other party will argue that the books were handed over as it was inferred so from the order and that is also not untenable completely.

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