M MATHRA DAS Vs. HARI RAM

JUDGEMENT

(1.) This is an application, under Articles 226 and 227 of the Constitution, for the issue of a Writ of Prohibition or any other appropriate Writ directing the Tribunal appointed under the Displaced Persons (Debts Adjustment) Act (LXX of 1951) to proceed with the claim made against the petitioner and respondents 2 and 3, or in the alternative, to set aside the order passed by the Tribunal, on the 20th April, 1954, in exercise of the powers of superintendence conferred on this Court by Article 227 of the Constitution.

(2.) The facts giving rise to this Writ application are these : The 2nd respondent, the India-nese Silk Mills Limited, was a private Limited Company of which the 3rd respondent was the Managing Director, and the petitioner a Director. The 1st respondent was the applicant before the 4th respondent, which is the Tribunal notified under the Displaced Persons (Debts Adjustment) Act, 1951, (hereinafter referred to as 'the Act').

(3.) On the 15th December, 1952, the 1st respondent, who is a merchant and a contractor residing at Kingsway, Secundrabad, filed an application under Section 13 of the Act before the Tribunal, claiming that he was a displaced creditor within the meaning of the Act, for recovery of a sum of Rs. 4,668-5-0 from the petitioner and respondents 2 and 3. In and by means of the said application, he averred that on 31-3-1952, he had advanced a sum of Rs. 4,500/- to respondents 2 and 3 at Bombay on their executing and delivering to him two hundies for Rs. 2,500/- and Rs. 2,000/-respectively, both repayable on 27-6-1952, in consideration of a guarantee given to him by the petitioner and the 3rd respondent on the 15th November, 1950. By means of a petition for leave to amend his Original application, which application had been allowed, he alleged that the sum of Rs. 4.500/- represented the balance due in respect of a sum of Rs. 5.000/- which had been advanced and paid by the 1st respondent on 11-12-1951 on a hundi executed on that date, deducting a sum of Rs. 500/- paid towards the same on-31-3-1952.