PARKASH TEXTILE MILLS LTD Vs. MANI LAL
HIGH COURT OF PUNJAB AND HARYANA
PARKASH TEXTILE MILLS LTD.
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Kapur, J. -
(1.) The following question of law has been referred by a Division Bench for the opinion of a Full Bench in this Execution First Appeal:
"Whether, when there is an application by a person claiming to be a displaced debtor either under Section 5 or under Section 11(2) of Act 70 of 1951 pending before a Tribunal constituted under the Act, the status of the said person can only be determined by the Tribunal or can the matter he placed in issue and decided by an ordinary civil Court in which proceedings are pending to which he is a party?"
(2.) The appeal out of which this reference arises is directed against the order of the learned Senior Sub-Judge, Amritsar, dated 22-10-1953 dismissing the objections of the decree-holder against sending the execution record to the Tribunal at Meerut and thus staying the execution proceedings of a mortgage decree. It is necessary to give the facts of this case at some length in order to understand the points which arise.
(3.) The decree-holders, the Parkash Textile Mills, Ltd., Amritsar, on 30-7-1946 sold certain properties in Amritsar, for a sum of Rs. 4,50,000/-out of which a part of the purchase price was paid and the balance remained due from the vendees Chuni Lal, Muimi Lal and Rajkumar sons of Salig Ram residents of Katra Sant Singh and proprietors of the firm Seth Spinning Mills, Grand Trunk Road, Amritsar, and they are respondents in this appeal. The balance remaining due from the vendees on 60-7-1946 was a sum of Rs. 1,80,000/-; and on 31-10-1949 the vendors brought a suit for the recovery of Rs. 1,80,000/-against the vendees Chuni Lal and others by sale of the property above mentioned describing themselves to be the mortgagees and the vendees to be the mortgagors. In this plaint the defendants Chuni Lal and others were described as residents of Katra Sant Singh, Amritsar. On 2-1-1950 Chuni Lal and others, the defendants, made an application under Section 34, Indian Arbitration Act for stay of proceedings on the ground that there was an agreement to refer the matter to arbitration. On 27-6-1950 both the parties made an application referring the dispute to the arbitration of one Lala Chori Lal. This application is signed by both parties and in the heading Chuni Lal, Muni Lal and Raj Kumar sons of Seth Salig Ram are described as residents of Amritsar, Katra Bhai Sant Singh and proprietors of the firm Seth Spinning Mills, Amritsar, and at the bottom of the application the description is as follows :
"Lala Chuni Lal son of Seth Salig Ram, Khatri, Amritsar, Grand Trunk Road. Sd/- Chum Lal Seth." An award was made on the basis of which a decree \vas passed for a sum of Rs. 1,72,500/- and a mortgage decree followed in terms of the award and is dated 208- 1950. In this decree the judgment-debtors are again described as proprietors of the Mills and residents of Amritsar.;
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