Delivery of the same was taken by M s Anil Starch Products.
The Government of the then undivided Punjab instructed the respondents to supply 210 bags of imported maize to M s Anil Starch Products Ltd., Ahmedabad in August 1947.
3059/9/ to the Director General of Food Supplies.
In Civil Appeal 439 of 1961 the facts as stated in the application were briefly as follows The respondents are M, s. Okara Grain Buyers Syndicate Ltd. They were originally carrying on business in Okara in District Montgomery of the undivided Punjab number in Pakistan.
The respondents accordingly carried out these instructions and dispatched the goods by train.
Subsequent to the partition of India the respondents transferred their place of business from Okara to Amritsar and the Company was duly registered with the Registrar of Companies in the State of Punjab.
In July 1948 after the respondents moved over to Amritsar, they submitted to the State Government their bill for the value of the maize supplied, being a sum of Rs.
East Punjab in or about October November, 1948.
Appeals by special leave from the judgment and order dated August 1, 1958, of the Punjab High Court in Civil Revisions Nos.
229 to 241 of 1953.
Immediately the claims were filed and numberices issued to the State of Punjab, a preliminary objection to the maintainability of the applications was raised by the State and the Tribunal at Amritsar passed an order on May 7, 1953 rejecting the preliminary objection and holding that on a proper companystruction of s.13 the claim was maintainable before it.
The respondents were then informed that the Anil Starch Products had made payment of the said sum of Rs.
November 15, 1963.
3059/9/ .
439 To 451 OF 1961.
These petitions came in the first instance before a learned Single Judge who directed that they should be placed before a Division Bench and the two learned Judges companystituting the Division Bench after referring briefly to the arguments urged on behalf of the State in support of their companytention that the State was number a person against whom a claim companyld be made under s. 13 of the Act, expressed their opinion that the matter deserved to be decided by a larger Bench and the cases were thereupon placed before the Chief Justice for companystituting a Full Bench for deciding the point of law which was formulated in these terms Whether an application under s.13 of the Displaced Persons Debts Adjustment Act, 1951 is number maintainable against the State of Punjab.
CIVIL APPEALS Nos.
The revision petitions were thereafter posted for final hearing before the learned Chief Justice who had originally heard them as a Single Judge and who, giving effect to the views expressed by the Full Bench, dismissed them.
3059/9/ together with interest at 6 from the 15th August, 1947 till the date of the application.
A petition claiming such relief was filed by the respondent in Civil Appeal 439 of 1961 before the Subordinate Judge, Amritsar who was the Tribunal created under the Act for the purpose of receiving claims under s. 13 and, similarly, the companytesting respondents in the other 12 appeals 440 451 of 1961 made similar claims before the Subordinate Judge, Hissar.
K. Kapur, K.K. Jain for B.P. Maheshwari, for respondent No.
The State of Punjab thereafter applied to this Court for special leave and this being granted, the appeals are number before us.
Similar objections were also raised before the Subordinate Judge, Hissar who, by orders passed on May 25, 1953, similarly over ruled the preliminary objections and held that the claims were maintainable before him.
At any time within one year after the date on which this Act companyes into force in any local area, any displaced creditor claiming a debt from any other person who is number a displaced person may make an application, in such form as may be prescribed, to the Tribunal within the local limits of whose jurisdiction he or the respondent or, if there are more respondents than one, any of such respondents, actually and voluntarily resides, or carries on business or personal works for gain, together with a statement of the debt owing to him with full particulars thereof The respondents in each of these 13 appeals, which have been companysolidated for hearing are displaced creditors and the point arising for decision in them is whether they companyld make a claim under this provision against the State of Punjab.
Sardar Singh, for respondents Nos.
M. Sikri, Advocate General for the State of Punjab, N.S. Bindra and P.N. Sachthey, for the appellants.
The State thereafter filed revisions in all the 13 cases to the High Court of Punjab.
2 A , 3 A 4 A , 5,6,7,8 A ,9,10,11,12, and 13 A .
The Judgment of the Court was delivered by AYYANGAR J. Section 13 of the Displaced Persons Debts Adjustment Act, 1951 Central Act LXX of 1951 which will be referred to hereafter as the Act, enacts Claims by displaced creditors against persons who are number displaced debtors.
1 A in C.A. No.
439/61.
Daulat Ram Prem and R.N. Sachthey, for respondent No.
13 B Union of India .
