4. Enforcement of receiver’s duties.- Where a receiver— (a) fails to submit his accounts at such periods and in such form as the court directs, or (b) fails to pay the amount due from him as the court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the court may direct his property to be attached and may sell such property, and may apply the proceeds to make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to the receiver.
HIGH COURT AMENDMENTS
Andhra Pradesh.- Same as that of Madras. Bombay, Dadra and Nagar Haveli (Goa, Daman and Diu).- In Order XL, for the existing Rule 4 and its marginal note, substitute the following as Rule 4 and marginal note: “4 Enforcement of receiver’s duties.— (1) If a receiver falls to submit his account at such periods and in such form as the Court directs, the Court may order his property to be attached until be duly submits his accounts in the form ordered. (2) The Court may, at the instance of any party to any suit or proceeding in which a receiver has been appointed or of its own motion, at any time not beyond three years from the date of his discharge by the Court, make an enquiry as to what amount, if any, is due from the receiver as shown by his accounts or otherwise, or whether any loss to the property has been occasioned by his wilful default or gross negligence, and may order the amount found due or the amount of the loss so occasioned to be paid by the receiver into Court or otherwise within a period to be fixed by the Court. All parties to the suit or proceeding and the receiver shall he made parties to any such enquiry. Notice of the enquiry shall be given by registered post prepaid for acknowledgment to the surety, if any, for the Receiver, but the cost of his appearance shall be borne by the surety himself, unless the Court otherwise directs. Provided that the Court may, where the account is dispute by the parties and is of a complicated nature, or where it is alleged that loss has been occasioned to the property by the wilful default or gross negligence of the Receiver, refer the parties to a suit. In all such case, the Court shall state in writing the reasons for the reference. (3) If the Receiver fails to pay any amount which he has been ordered to pay under sub-rule (2) of this rule, within the period fixed in the order, the Court may direct such amount to be recovered either on the security (if any) furnished by him under Rule 3, or by attachment and sale of his property, or. if the property has been attached under sub-rule (1) of this rule, by sale of the property so attached, and may apply the proceeds of the sale to make good any amount found due from him or any loss occasioned by him, and shall pay the balance (if any) of the sale proceeds to the Receiver,” (1.10.1983) and (1 .4.1987). Kerala, Laccadive, Minicoy and Amindivi Islands.- Same as that of Madras. (9.6.1959). Madras, Karnataka and Pondicherry.- Substitute the following for Rule 4; (1) Same as that of Bombay, (2) Same as that of Bombay, except in between the words “if any” and before the words “make an enquiry omit the words “not beyond three year from the date of his discharge by the Court”. (P. Dis No.60 of 1933).
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