APCRPCO Form No.48 : Injunction and Appointment of a Receiver
Act
Summary
Form No.48 under the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, addresses the issuance of an injunction and the appointment of a receiver. This form is used to restrain defendants from dealing with assets and appoints a receiver to manage the partnership's properties and finances during legal proceedings. It ensures compliance with court orders and protects the plaintiff's interests.
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Explanation using Example
Example 1: Business Partnership Dispute
Introduction: Ravi and Suresh are partners in a textile business in Andhra Pradesh. Ravi suspects that Suresh is mismanaging the firm's assets and is planning to sell off some of the stock without consent.
Application: Ravi files a petition under the Andhra Pradesh Civil Rules Of Practice and Circular Orders, 1990, seeking an injunction to prevent Suresh from dealing with the firm's assets. The court, referencing FORM No.48, issues an order restraining Suresh from selling or disposing of any stock until further notice.
Outcome: The court appoints a Receiver to manage the firm's assets temporarily. Suresh is legally bound to comply with the injunction. Non-compliance could lead to contempt of court charges, as per the relevant civil procedure laws.
Conclusion: This example illustrates how the provision protects business interests by preventing unauthorized asset disposal during disputes.
Example 2: Family-Owned Business Conflict
Introduction: A family-owned restaurant in Andhra Pradesh is managed by siblings Priya and Arju...
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