FIRST NATIONAL BANK Vs. INDUSTRIAL OIL CO

JUDGEMENT

(1.) THIS is a revision against the order dated 27-8-1956 passed by the learned tribunal decreeing the claim of the respondents for the recovery of Rs. 3,520/14/against the petitioner.

(2.) AN application was filed by the respondents under section 13 of the Displaced persons (Debt Adjustment) Act (Act No. 70 of 1951) for the recovery of Rs. 3,520/14/- against the petitioner, the First National Bank Limited. The allegations of the respondents were that respondent No. 1 was a duly registered firm at karachi, or which respondents 2 and 3 were the partners; that this firm sent certain bills to the Branch of the petitioner-Bank collected these bills but failed to remit the amount to the respondent-firm; and that the respondent-firm had been dissolved and respondents 2 and 3 were displaced persons from Pakistan.

(3.) THIS application was opposed by the petitioner-Bank, which pleaded that the respondent firm was not duly registered under the Indian Partnership Act; that the respondents were not displaced persons; that out of the bills in question, only some had been actually realized; an that the petitioner-Bank was under a scheme of arrangement as sanctioned by the High Court and, consequently, the application was not maintainable.