1928 (2) TMI 7
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....at he intends to give a notice of motion to vary the order. He must state what variation he desires and then he must move the Court, at the risk of costs, to have that variation made. It is the duty of the Registrar at once to pass and enter the order when settled, unless some of the parties-state that they intend to move to vary it. It would cause delay in the Registrar's office it any one, by simply saying "I object to that form of order" without giving notice to vary it, could prevent the Registrar from going on to pass and enter it. 2. Then the learned Lord Justice goes to say; but although that is the regular course, and it is only in special circumstances that the Court will interfere with an order which has been pass....
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....e is entitled to the possession and delivery to him of all the books and documents whatsoever relating to his business. The draft forms of order which were sent to the parties contained the clause which is now objected to. It is as follows: And it is further ordered that the plaintiff firm and all parsons claiming under thorn do deliver up quiet possession of the said goods together with all account books, papers, memoranda and writings relating thereto to the said Receivers. 4. Neither of the solicitors to the parties objected to the presence of that clause in the draft order, but only made certain other alterations in the draft. Accordingly it may be said that they "settled" the order and it was passed by the Registrar and en....
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....it. It was conceded, by the learned Counsel for the plaintiff that certain furniture belonging to the defendant had also been seized by the plaintiff and in particular certain office articles and office furniture was seized and I came to the conclusion that in order that the defendant might properly be in a position to continue carrying on his business those articles ought to be held by the Receivers and made available for the use of the defendant in order that he should not be hampered in the continuance of his business. It may well be that had the question of the account books, papers and memoranda and writing relating to the goods been specifically mentioned I should have made a similar order with regard to them. However as I have pointe....