Court appoints former District Judge as receiver to conduct election of CCI
Oct 30, 2020
JAMMU: 2nd Additional District Judge Jammu Virender Singh Bhou has appointed Suresh Sharma, former District & Sessions Judge, as receiver for conducting the election of Chamber of Commerce and Industry as per the membership of the year 2017.
"Keeping in view all the facts and circumstances especially in the light of COVID-19 related scenario, it is deemed fit to appoint a receiver. Accordingly, Suresh Sharma, a former District and Sessions Judge, is hereby nominated and appointed as receiver of the defendant for a period of four months with effect from November 1, 2020 for the purpose of conducting the election of the office bearers of the Chamber by convening, in accordance with the pre 19/12/2018 Constitution, the election meeting of the general council comprising of the membership of the year 2017 as it obtained at the time of last held election of the office bearers body", the 2nd Additional District Judge said.
"The receivership period of four months is fixed keeping in view the COVID-19 related scenario which may require very detailed mode of convening the meeting of the sizeable membership of the defendant", the court said, adding "in case on account of difficulty by reason of any administrative guidelines which may render the convening and gathering of the electorate of the defendant to be deferred beyond four months, the receiver may then apply for extension of the time for carrying out the mandate of receivership".
The receiver will be competent to work out the method of conducting the election in fitness of things prevailing due to COVID-19 guidelines of the district administration.
The court further directed district administration under the Deputy Commissioner Jammu and the District Police under Senior Superintendent of Police Jammu to provide assistance as may be requisitioned by the receiver in discharge of his office of receiver of the defendant. "In his authority the receiver shall be authorised to have in his custody the complete record of documents/files/books of account of and related with the defendant from custody/control/possession of all the defendants held by them in their capacity as the last office bearers", the court said.
The receiver will also have the authority to manage the routine administrative affairs and activities of the Chamber and the arrangement with operation of accounts shall continue to be as it is subject to control and supervision of receiver. "Manish Gupta shall render full ministerial assistance to receiver for the sake of ensuring the smooth working of his duty and the banks bearing the accounts of the Chamber shall act in compliance to the directions of the receiver", the court added.
The court further ordered that the receiver shall be entitled to monthly receivership fees of Rs one lakh which shall be drawn from the bank account of the defendant by the defendant No 5 to be paid to the receiver. "Copy of this order be also served and notified to DC Jammu and SSP Jammu for acting in compliance. He shall submit the report of receivership work upon the conducting of the election and announcement of the result of election within a period of four months", the court added.