HIND SCREWS Vs. OFFICIAL ASSIGNEE AND ORS.

JUDGEMENT

(1.) THIS order will dispose of S.A.O. Nos. 6, 7, 8 and 9 of 1949. The point involved in all these cases is not devoid of interest. The facts are that in October 1947 an appln was made in the insolvency Court at Karachi for an order of adjudication in respect of a firm Shankar Das -Rup Lal. The order of adjudication was passed on 16 -12 -1947 and then the Official Assignee at Karachi made a request to the insolvency Court at Delhi for taking possession of certain property belonging to the insolvent firm. A number of objections were taken and the competence of the Delhi Court to grant such an order was questioned. The Insolvency Court dismissed the appln of the Official Assignee but on appeal the learned Dist Judge held that the Official Assignee had the right to make such an application and the Insolvency Court at Delhi was competent to issue the order prayed for. This order of the learned Dist Judge was passed on 26 -1 -1949 i.e., a year before the Indian Dominion was declared to be a Republic.

(2.) TWO questions now arise, namely, (1) whether even before 26 -1 -1950 (but after 15 -8 -1947) the Courts in Delhi can grant a request of the kind made by the Official Assignee of Karachi under the provisions of Section 77, Proyincial Insolvency Act, and (2) whether despite the order of the learned Dist Judge anything further can be done after 26 -1 -1950 when Pakistan is a foreign country and Court's in India are not British Court's.

(3.) THE contention of the learned Counsel for the Respondents however, is that the provisions of Section 122, Bankruptcy Act were kept alive by Section 18, Indian Independence Act, 1947 and Article 372 of the Constitution. Section 18, Indian Independence Act provides: