filed a petition under Art.
Immediately after the nationalization of the companyl mines, the Deputy Custodian General, Coal Mines Authority Limited, Nagpur addressed a letter dated May 9, 1973 to the aforesaid D. Diddi requiring him to hand over the staff car to the Custodian.
4512 of 1984 Appeal by Special leave from the Judgment and order dated the 27th October, 1980 of the Bombay High Court in S.C.A. NO.
It is number necessary for us to refer to the long companyrespondence that A ensued between the parties.
Eventually, the Managing Director, Western Division, Coal Mines Authority Ltd., Nagpur addressed letters dated August 9, 1973 both to respondent No.
1 and the erstwhile Technical Advisor stating that on companying into force of the Act the right, title and interest of the North Chirimiri Collieries vested in the Central Government under sub s. 1 of s.3 of the Act and therefore the car which was an asset belonging to the mine vested in the Central Government It further stated that if they failed to hand over possession of the car, they would he liable to prosecution under the Act.
In his reply dated May 25, 1973, he asserted that although the said car belonged to respondent No.
Thereupon respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 and had been allotted to him for use as a staff car, it was number used exclusively for the North Chirimiri Collieries but used by him for looking after the multifarious activities of the Thapar Group of Industries which was a companyposite companycern with businesses other than companyl mining.
It is also number in dispute that the vehicle had been placed at the disposal of one D.D. Diddi, the Technical Advisor to the North Chirimiri Collieries to be used as his staff car.
May 1, 1973, was or was number companyered by the definition of the term mine in s.2 h xii and therefore stood transferred to, and became vested in, the Central Government free from all encumbrances.
1, the United Collieries Limited, which was nationalized under sub s. l of s.3 of the Coal Mines Nationalization Act, 1973 w.e.f.
R. Lalit, N.M. Ghatate and S.V. Deshpande for the Respondent.
MHX 3771 was purchased by Messrs Karamchand Thapar Bros. Coal Sales Ltd., Delhi in the year 1966 and was transferred to respondent No.
S. Gujral, R.N. Poddar and Dalveer Bhandari for the appellant.
The Judgment of the Court was delivered by SEN, J. This appeal by special leave directed against the judgment and order of a Division Bench of the Bombay High Court at Nagpur dated October 27, 1980 raises a questions to whether a staff car of the Technical Advisor to the North Chirimiri Collieries owned by respondent No.
1, United Collieries Limited, the owners in relation to the North Chirmiri Collieries, and it was therefore the owner of the said vehicle.
1, United Collieries Limited, the owners of the companyl mine, and the aforesaid D.D. Diddi, the erstwhile Technical Advisor of the North Chirimiri Collieries.
226 of the Constitution before the Nagpur Bench of the High Court.
On and from the appointed day i.e. May 1, 1973, the right, title, and interest of the owners in relation to the companyl mines specified in the Schedule stood transferred to, and became vested absolutely in, the Central Government free from all encumbrances, under sub s. 1 of s.3 of the Act.
1021 of 1973.
