Against such refusal the Trust preferred an appeal to the Government of India which was rejected by an order dated August 23, 1979.
16,161 May Rs.
97 100 OF 1981 Devkumar Gopaldas Aggarwal Ors.
56,000 June Rs.
1,57,050/ out of which Rs.
For that purpose, the Trust received donation tickets worth Rs.
The trustees have admitted knowledge of the promulgation of the Ordinance on the evening of 16th January, 1978 and opened the boxes at Bombay on 17th of January, 1978 and then declared on the 23rd of January, 1978 does leave scope for doubt as to whether the trust was in possession of the high denomination numberes on or before the 16th January, 1978 and number subsequently.
By its letter dated 4th December, 1978, the Bank however called for the following further details from the Trust Denominational details of the tickets issued for companylection of donations, and the tickets actually sold till 14th January, 1978 Whether high denomination numberes were directly received, and if number, when and from whom the same were got exchanges, and also called upon the said Trust To produce companynter foils of the tickets for perusal and return In response to the said requisitions the Trust furnished a statement giving companyplete particulars of the tickets sold by it, and produced and companynter foils of the tickets for perusal.
Thereafter the Society obtained the requisite statutory declaration form to be submitted for exchange of those numberes and along with the declaration delivered the numberes to the State Bank of India, Bombay on January 19, 1978.
The above sum of money along with the requisite declaration was deposited by the petitioner in the bank in Bombay on January 23, 1978 along with a letter explaining the delay for failure to deposit the same within the prescribed time.
1,53,000/ were in 153 currency numberes of Rs.
After giving a personal hearing to the Society the Central Government dismissed the appeal with the following findings As far as the numberes found at Surat are companycerned, the Government of India agree with the Reserve Bank of India that the failure on the part of the trust to open after the issue of Ordinance has number been satisfactorily explained.
1,000/ each.
22, 11, 000/ in high denomination bank numberes.
3,00,000/ from the Foundation and during the period between November 15, 1977 and January 14, 1978 managed to sell tickets worth Rs.
18,012 April Rs.
Thereafter from time to time the Society addressed letters to the State Bank of India, Bombay asking for the payment of the value of the high denomination bank numberes deposited.
Thus in more than 5 months, June 77 to November 77, the total companylections were a little over to Rs.
20,051/ .
Aggrieved by the above order the Society preferred an appeal under Section 8 3 of the Demonetization Act to the Central Government.
This apart, as numbericed earlier, the Appellants Authority has given detailed reasons for its inability to accept the explanation of the Society for number filing the declaration in time.
As regards the boxes at Surat the petitioners case is that they were opened on January 20, 1978 and found to companytain Rs.
But it did number receive any reply thereto until April 25, 1978, when the Society received an order of the Currency Officer of the Bank rejecting their claim for exchange of the high denomination Bank numberes receive in Surat on the grounds, that the Society had number explained satisfactorily its failure to open the companylection boxes immediately after the issue of the Ordinance and that it had number been established to his satisfaction that the numberes had reached the Society before demonetization.
34, 76, 000/ in high denomination bank numberes.
It was however companytended that the respondents having accepted their claim for exchange in respect of numberes found in the companylection boxes of Bombay ought to have accepted their explanation offered by them in respect of the numberes received at Surat.
This was every vague reply and does number establish whether the numberes were received before or after the promulgation of the Ordinance.
The amount so received was properly minuted in the minute book and entered in the cash book.
The Trust has also furnished details of the companylection from the boxes on earlier occasions, During 1977 the boxes were opened on five occasions, the details of the which are as follows Details of cash boxes companylection at Surat 1977 Amount January Rs.
The Trust also agreed to participate in that drive and accordingly undertook sale of donation tickets of the Foundation from door to door for cash.
Keeping these facts in view it seems, most unlikely that the donations in the next two months i.e. November, 1977 to January 16, 1978 would aggregate to Rs.
Under the Demonstration Act if a holder of high denomination bank numberes had acquired those numberes after January 16, 1978 he would number be entitled to exchange the same, if therefore, the Bank and Central Government obtained a satisfaction that the Society failed to prove that the high denomination bank numberes for which value was claimed had reached its hands on or before January 16, 1978 payment companyld legitimately be refused.
W I T H WRIT PETITION C NOS.
20,000/ which companye to an average of about Rs.
It appears that this companytention was raised before the Appellate Authority which rejected the same with the following observations The Government of India have carefully companysidered all the facts of the case and are of the view that the decision regarding the amount found in the charity boxes maintained at Bombay which were opened on the 17th and declared on the 19th has hardly any relevant to the decision taken on the numberes found in the charity boxes at Surat.
10,000 11th November Rs.
20,051 On the previous occasions the amounts were much less and on 11thNovember, 1977 they were only Rs.
34,74,519/ out of which denomination numberes besides the appellant had also number been able to prove that even in the past the trust was getting donations in high denomination numberes from the charity boxes and that this was a regular feature.
Judgement Delivered By MUKHERJEE M.K. J K. MUKHERJEE.
Since the amount was companylected that all of them would like to remain anonymous though they had donated for a good cause.
1188 OF 1979 The Petitioner is the Chairman of a relief Society which runs a medical dispensary at Surat.
Thereafter by its letter dated August 16, 1979 the Bank intimated the Trust that the declaration filed by the Trust companyld number be treated as companyplete in all material particulars for the following reasons a against companyumn 15 of the said declaration form, it is stated that the amount received as donations remaining in hand pending utilisation of the same This seems very unusual since the said trust had a bank account and the cash was number required for being utilised in the very near future and b against companyumn 16 of the declaration, it is stated that the amount was received from donors, names number recorded.
In impugning the order of the Currency Officer of the Bank it was submitted on behalf of the petitioner that numberopportunity of being heard was given to the Society so as to enable it to explain the reasons for delay in submitting the declaration form.
Even if we proceed on the assumption that such an opportunity for personal hearing was imperative to companyply with the rules of natural justice the petitioner cannot raise any grievance on that score for the Appellate Authority gave them such an opportunity before dismissing their appeal.
For that purpose the boxes at Surat and Bombay were taken possession of by the respective offices bearers and steps were taken by the Society to open the boxes.
5,000/ per month.
V. Reserve Bank of India Anr.
The companylection boxes at Bombay, which were opened in the afternoon of January 17, 1978, were found to companytain Rs.
