KULA CHANDRA DUTT Vs. EMPEROR

JUDGEMENT

(1.) These two applications arise out of the same matter, and have, therefore, been heard together, and will be disposed of by this judgment. In Cri. Misc. No. 323 the prayer is that the Cri. Misc. case No. 148 of 1948, pending in the Court of the Sub-Divisional Officer of Deoghar, be transferred to any other competent Magistrate for an expeditious hearing. In Cri. Misc. No. 378 the prayer is that the notice under Rule 75A(1), Defence of India Rules, and all the orders subsequently passed by the Sub-Divisional Magistrate of Deoghar in pursuance thereof be set aside, and possession of the Electric Supply Company as a going concern be restored to the petitioner.

(2.) The facts and circumstances leading up to these applications, as alleged by the petitioner, are as follows: The petitioner and his deceased brother, Badal Chand Dutt, were carrying on an ancestral joint family business under the name and style of "Dutt & Bros." In February 1935, the said partners obtained a licence, described as "Deoghar Electric Licence 1935," for the supply of electric power to Deoghar. A limited liability company under the Companies Act was floated for financing the said licensees, and was styled as "Santhal Parganas Electric Supply Corporation Ltd." In January 1936, two agreements were entered into between the licensees and the company aforesaid whereby the licensees were to transfer the licence to the company, and the company was to grant the managing agency to the former. As these agreements were not given effect to, the licensees continued to work the licence aforesaid. In February 1943, Badal Chand Dutt aforesaid, one of the two partners, died, leaving him surviving his widow and three sons, who succeeded to the interest of the deceased member of the family in the joint family business. It was further alleged by the petitioner that the notification dated 23rd July 1943, by the Government of Bihar, showing that the partnership stood dissolved by virtue of the death of the said Badal Chand Dutt, and that, consequently, the said licence stood annulled, was entirely erroneous in law, and, therefore, ineffectual; but, all the same, the Provincial Government accorded sanction to the petitioner to engage in the business of supplying energy to Deoghar for one year with retrospective effect from 23 February 1943. The petitioner alleges that he sent a letter of protest to the Government of Bihar against the said notification of 23 July 1943, annulling the licence. He alleged further that he continued working the undertaking, including the power house, and supplying electrical energy to Deoghar as before.

(3.) In September 1943, one Pulin Chandra Daw instituted a suit, being Suit No. 1439 of 1943, on the original side of the Calcutta High Court, claiming damages against the petitioner, the plaintiff in that suit being described as "Santhal Parganas Electric-Supply Corporation Ltd." It is said that in that plaint the plaintiff admitted the petitioner's possession of the power house, etc. The very next day after the institution of the suit, that is, on 24 September 1943, the plaintiff obtained an ex parte order granting an interim injunction. It is further alleged that the said Pulin Chandra Daw, without waiting for the final orders of the Calcutta High Court in the injunction matter, came to the power house at Deoghar on 18th October 1943, and made a serious attempt to take forcible possession of the business. The petitioner's engineer, Mr. D.N. Chatterjee, filed an application before the-learned Sub-Divisional Magistrate of Deoghar, informing him of the said attempt to take forcible possession of the power house. The petitioner also; on his arrival from Calcutta, informed the Sub-Divisional Magistrate on 21 October 1943, about the activities-of the said Pulin Chandra Daw. On 22 October, 1943, in the evening, the learned Sub-Divisional Officer is said to have gone to the power house and passed an order requisitioning the undertaking including the power house under Rule 75A(1), Defence of India Rules. The order is set out as Ex. C to the petition, and runs as follows: Whereas a dispute has arisen over the ownership of the Electric Supply Company and consequently its power house and office etc, between K.C. Dutta the Grantee of the Deoghar Eleotrio Supply Undertaking on one side and Mr. P.C. Daw's Agency Managing agent of Santhal Parganas. Electric Supply Corp6ration Ltd. on the other side and, I am satisfied after due enquiry that it may impair efficiency or impede the working of, or cause damage to, the power house and its machinery at, Williams Town and its store office and. other appliances at Bone Villa, Carstairs town causing thereby the non-supply of electric energy to the consumers in particular and public in general, now there, in exercise of the power conferred) upon me by Rule 75A(1), Defence of India Rules, I hereby decide to requisition the said Power House together with the store, appliances and offices etc. I hereby further order that the said Power House be run with the existing working staff for a regular supply of electric energy to the public in general and consumers in particular the contravention of which is punishable under Rule 78A(1)(3) of the said Rules. I further direct that if any person contravenes, any of the above order or does any act with intent to impair the efficiency or impede the working of or causes damage to the power house, its machinery,., store and other appliances affecting the supply of the electric energy which is an essential commodity to the life of the community will be liable for prosecution under Rule 35(1)(a) and (d) read with Sub-rule (4) of the said Rule. Given under my hand and the seal of this Court today 22 October, 1943. (Seal) (Sd.) P. Section Sing.22 October, 1943.Sub-Divisional Magistrate, Deoghar. To 22 October, 1943. Mr. K.C. Dutta.