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TMI Blog1928 (2) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 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 pas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uit. 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 point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. It is desirable that nothing should be done to hamper but at the same time nothing should be done which might in any way injuriously affect the rights of the plaintiffs seeing therefore that the ownership and title to these documents in dispute. I think on the whole it is desirable that they should be in the hands of the Receivers. They should however give every possible facility to the defendant for making use of the books for the purpose of carrying on the business pending the trial of the action. 8. The suit is fixed to be tried on 19th February which is only a short time from this day. In all the circumstances of the case I do not think that the defendant can be seriously damnified if the documents remain in the custody of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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