K. Daphtary, Attorney General, R. K. P. Shankardass, R. Dhebarand R. N. Sachthey, for the appellant in all the appeals V. Viswanatha Sastri, S. Balakrishnan, B. R. Dolia, R. Garg, S. C. Agarwal, D. P. Singh and M. K. Ramaurthi, for the respondents in C.As.
60 to 62 of 1965 .
316 of 1965 .
Lily Thomas, for respondent in C. A. No.
R. Dolia, E. C. Agrawala and P. C. Agrawala, for the respondent in C. As.
317 320 of 1965 .
was delivered by Wanchoo, J. Mudholkar, J. delivered a dissenting Opinion.
The Judgment of Gajendragadkar C.J., and Wanchoo, Shah and Sikri JJ.,
27, 47 48 of 1961, and 74 of 1963, 91 of 1960 and 26, 49 50 of 1961.
Thereupon he moved a writ petition in the High Court of Madras for the issue of a writ of mandamus or any other appropriate writ to the Joint Chief Controller for the issue of an import licence to him for the period January June, 1957.
That firm had been dissolved and application had been made to the Chief Controller of Imports, New Delhi for division of the quota of the firm between the three partners of the firm who had separated.
Aminchand then preferred an appeal from the decision of the Joint Chief Controller but failed.
Appeals by special leave from the judgments and orders, dated December 10, 1962 and March 18, 1963 of the Madras High Court in Writ Appeals Nos.
It was stated that the application had already been made to the Chief Controller on behalf of the dissolved firm on March 4, 1957 for division of the quota between the three partners and was pending when the application for licence was made by Amin Chand Mutha on March 25, 1957.
On March 25, 1957 Aminchand Mutha made an application to the appropriate authority for the grant of an import licence in respect of the period January June, 1957 stating in his application the facts that the firm Nainmull Juthmull held a quota certificate, that the firm was dissolved and that an application was made to the Chief Controller of Imports for the division of the quota amongst the erstwhile partners of the firm.
The application for licence had to be made to the Joint Chief Controller of Imports at Madras where the partners of the dissolved firm were carrying on business.
60 to 62 and 316 to 320 of 1965.
The Joint Chief Controller informed the respondent on April 8, 1957 that before any licence companyld be given to him he should get the approval of the Chief Controller about the division of the quota rights of the dissolved firm.
On January 1, 1957 the firm was dissolved.
It appears that there was then an appeal from this order of the Joint Chief Controller which failed.
The High Court having refused leave to appeal, the appellant obtained special leave from this Court and that is how the matter has companye up before us.
On April 8, 1957 the latter informed Aminchand that before a licence would be granted to him he should get the approval of the Chief Controller for the division of quota rights of the dissolved firm.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
It is against this decision of the High Court that the Joint Chief Controller has companye up in appeal I.L.R. 1959 Mad.
There were three partners in that firm, namely, Aminchand Mutha, Nainmull Nathmull and Juthniull Mutha.
Thereupon the Joint Chief Controller went in appeal and the Division Bench of the High Court which heard the appeals upheld the order of the learned Single Judge.
7, 8 and 9 was to be exercised after giving a reasonable opportunity of being heard to the licencees.
In September 1957 the Chief Controller informed Aminchand that instructions would be issued to the Licensing Authority to the effect that quota certificates admissible to the dissolved firm should in future be divided between the three partners in certain proportions.
That application had in fact been made on March 4, 1957 and was pending on the date on which an import licence was applied for by Aminchand to the Joint Chief Controller of Imports and Exports at Madras.
For certain reasons which are number material for the purpose of the appeal, there was delay in the disposal of the aforesaid application.
Aminchand thereupon approached the Joint Chief Controller for grant of a licence and on January 9, 1958 the latter informed him that numberlicence companyld be issued to him for the period January June, 1957 since the division of quota rights of the firm was recognised by the Chief Controller only after the expiry of the licensing period to which the application related.
