firms of Adam Hajee Peer Mohammed Essack and Hajee Ebrahim Kassam Cochinwala of Kozhikode are to be allotted to the present Manager Shri L. S. Lalvani and ultimately sold to him.
The appellant moved the High Court of Kerala for grant of a writ restraining the District Collector from selling the business of the firms by a public auction.
1 and 2 to hand over possession of the two business companycerns including the premises, stock in trade all records etc.
Essack and Haji Ebrahim Kasim Cochinwala had, in the year 1947, migrated to Pakistan and both these firms became vested in the Custodian of Evacuee Properties for the State of Madras under s. 8 of the Administration of Evacuee Property Act, 1950, hereinafter referred to as the 1950 Act.
He is further required to hand over immediate possession of the premises and the stock in trade, account books and other assets of the business including furniture etc.
The Judgment of the Court was delivered by Ramaswami.
Essack and Haji Ibrahim Kassam, Cochinwala, at Kozhikode are hereby terminated with immediate effect.
The application was allowed and on June 25, J959 the Kerala High Court directed the District Collector number to sell the properties of the business of the two firms without an appropriate order of the Chief Settlement Commissioner.
In pursuance of that order the management of the appellant was terminated and the possession of the business was taken over by the Deputy Custodian Respondent number 1.
to the appellant, and in prayer 1 2 but 3 for a writ of mandamus or appropriate writ or order directing respondents number.
Appeals from the judgment and order dated December 6, 1960 of the Kerala High Court in A.S. Nos.
J. The proprietors of two firms styled Adam Haji Peer Mohd.
Against the order of the Single Judge the respondents filed an appeal being S. number 484 of 1960 before the Division Bench of the High Court.
The decision of the High Court is based upon the ground that there was, numberorder under the 1954 Act by the Chief Settlement Commissioner for sale of the properties and that in the absence of such an order the sale of the properties cannot take place.
The present appeals are brought on behalf of the appellant by certificate of the Kerala High Court granted under Art.
The appellant also preferred an appeal A.S. number 445 of 1960 against the order of Single Judge which was in regard to the refusal of the third relief.
The appellant applied to the Chief Settlement Commissioner for stopping the sale of the two companycerns.
P 5 which states I am directed to state that it has been decided in principle that the aforesaid evacuee companycerns will be allotted to you.
The appellant filed a writ petition in the High Court of Kerala being O.P. number 1438 of 1959 for grant of 1 a writ of certiorari for quashing the order dated December 15, 1959 Ex.
On April 11, 1956 there was an advertisement published in the Press for the sale of the aforesaid evacuee properties.
On October 9, 1954 the Displaced Persons Compensation and Rehabilitation Act, 1954 was passed which will hereafter be referred to as the 1954 Act.
The order Ex.
Mahalingier and K. N. Keswai, for the appellant In both the appeals Gopal Singh, R. N. Sachthey and B. R. G. K. A char, for the Respondents In both the appeals .
The bargain was number companycluded and on March 25, 1958 there was an advertisement in the Press about the public auction of the business of the firms.
The question of outright allotment as companytemplated in Custodian Generals letter No.
On April 25, 1956 the Central Government made an order Ex.
20,000 to the satisfaction of the Deputy Custodian.
By judgment dated December 6, 1960 the Division Bench of the High Cl/65 9 Court dismissed Appeal A.S. number 445 of 1960 filed by the appellant but allowed the appeal A.S. number 484 of 1960 filed by the respondents.
S. Velu Pillai, J. by his order dated June 8, 1960, granted writ to the appellant as prayed for restraining the respondents from selling the business by public auction.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The appellant also furnished security of Rs.
1 to 3 number to sell by public auction or otherwise the two evacuee business companycerns.
1 3 3 1 a of the Constitution.
The Deputy Custodian is requested to evaluate the business companycerns properly after getting prepared a balance sheet of each year of the vesting of the companycerns, evaluating the companycerns, the Deputy Custodian should keep in view the other assets and liabilities of the companycerns and their goodwill etc.
His companyment and suggestions as to how and by what easy instalments the value of the companycerns if sold to Shri Lalvani is to be realised from him should also be intimated.
414 416 of 1963.
It appears that the order of the Chief Settlement Commissioner was subsequently made on September 15, 1959.
P 16, 2 a writ of mandamus directing respondents number.
On March 6, 1952 the appellant was appointed as Manager of the two firms under S. 10 2 b of the 1950 Act.
On June 21, 1956 another letter P 8 was written to the appellant by the Custodian of Evacuee Properties which states The Deputy Custodian is informed that the Government of India have decided that the two evacuee companycerns viz.,
Meanwhile, you will companytinue to function as the Custodians Manager for these companycerns in terms of section 10 2 b of the Administration of Evacuee Property Act, read with Rule 34 of the rules made under the Act.
P 13 dated December 18, 1959 states Shri L. S. Lalvani is informed that his services as Manager of the business companycerns of Adam Haji Peer Mohd.
The terms of allotment will be companymunicated to you separately.
The order of appointment Ex.
20,000/ before taking possession of the business of the firms as Manager.
P 1 dated March 6, 1952 states The Custodian approves the proposal of the Deputy Custodian, Malabar that the Management of both the firms of Adam Hajee Peer Muhammad Issack and Hajee Ibrahim Kassam Cochinwala at Kozhikode may be allotted to Sri L. S. Lalvani for the present on the same system as exists number between the Government and the present two managers and on his furnishing a security of Rs.
445 and 484 of 1960.
P 13 and the proceedings dated December 18, 1959 Ex.
2811/CG/50 dated 20 3 50 will be taken up in due companyrse.
He is also informed that until the question of terms and companyditions of allotment of the companycerns in question is decided Shri Lalvani will companytinue to function as Custodians Manager for these companycerns in terms of Section 10 2 b of the Administration of Evacuee Property Act, 1950 read with rule 34 of the rules made thereunder.
