HIGH COURT OF UTTARAKHAND, AT NAINITAL Appeal from Order No.578 of 2007 Brij Mohan Nayar S/o late Shri Trikok Chand Nayar … Appellant Versus Madan Lal Nayar and others …. Respondents Dated:- 14th September, 2010 Hon’ble Tarun Agarwala, J. Heard Mr. Lok Pal Singh, the learned counsel for the appellant and Mr. R. C. Arya, the learned brief holder for the State. This appeal has been filed against the order of the trial court rejecting the application for appointment of a Receiver. Having heard the learned counsel for the appellant, the court finds that the appellant has taken a contradictory stand. On the one hand, the appellant is claiming an injunction against the opposite parties praying that the defendant be restrained from interfering in the plaintiff’s possession over the picture hall in question. On the other hand, the appellant has filed an application alleging that a Receiver be appointed for running the picture hall since the defendants are misusing and are not keeping the accounts nor are sharing the profits. In view of the contradictory stand taken by the appellant, the court is of the opinion that merely because the defendants opposite parties are not keeping the accounts does not allow the appellant to file an application for appointment of a Receiver. The court is of the opinion that an appointment of a Receiver should be made in exceptional cases, where the court finds that the property is being dissipated or is being mismanaged or the funds are being misappropriated. In the present case, all the ingredients are lacking. Consequently, this court finds that the appeal has no merit and is dismissed. (Tarun Agarwala, J.) Dated 14.09.2010 LSR