Jamdar, J. - (1.)Appeallanmt M/s. Oriental Coal Company Ltd. has prefered these two appeals being aggrieved by the two decrees passed in favour of the respective respondent, but as the main question in these two appeals relates to the anatainability of the suit in view of th eprovisions of th eCoal mines (Nationalisatin)Act, 1973, the appeals were heard together and are being disposed of by this common judgment.
(2.)M/s. Oriental Coal Company Ltd. was the owner of Kamptee Coliery. The respondents supplied good s on credit to the appellant-Company. The respondent in First Appeal No.33 of 1980 M/s. Moanlal KISANLA, A REGISTERED PARTNERSHIP FIRM, SUPPLIOED BAMBOOS (Ballis) worth Rs. 62,294-20 under Bill NOS. e-2 e-3 AND e-4 dated 29-1-1973. The appellant paid Rs. 2,2293-40 towards Bill No E-3 and gave two chewquest of Rs. 5,000/ each to M/s. Mohnlal Ksanlan on 30th Jan., 1973. Both these chequest dishonoured in view of th eCoal Mines (Taking over of Mangagement) Act, 1973, which, by virtue of S. I (2). Was deemed to have come into force on 30th Jan., 1973. The respondent M/s. Mohalal Kisanlal, therefore, informed the appellant aboujt dishonour of th echeques and also requested the Custodian of the Kamptt Coal field to issue new chequest. The coal mies authotities, however, expressed their inability to make the payment and directed the respondent to appointed the commissioner of payments appointed under section 17 of the Coal Mies (Nationalisation) Act. 1973, The respondent thereafter prefrred a claim to the Commissioner of Payments in November, 1974, but as nothin was heard from the said authority, the respondent-firm addressed a notice to the appellant on 27-7-1975, calling upon the appellant to pay the amount along with interest, and as the appellant failed to comply, the respondent-firm filed Special Civil Suit No.289 of 1975 for recovering Rs. 60,000/- being the balance amount of the bills remaining unpaid along with interest at the rate of 12 per cent per annum on Rupees 60,000/- from 29-11973 ro 31-10-1975, amounting to Rs.19800/-Almost simultaneously, the respondent proferred a claim to the Commissioner of payments as contemplated by S. 20 of the Coal Mines (Nationalisatin) Act, 1973.
(3.)M/s. Shivkumar Gupta, the respondent in First Appeal No. 34 of 1980, is a proprietary concern, of which Shivkumar gupta is the proprietor. The said respondent supplied girders, plates, angles, etc., worth Rs. 76,532-05 under the bills dated 3-12-1972, 20-12-1972, 25-12-1972 and 27-1-1973 to the appellant on credit. This respondent also followed the same procedure as was followed by M/s. Mohanlal Kisanlal for the purpose of recovering the amount due to him. He also issued notice to the appellant on 27-7-1975 and before filing special Civil Suit No. 291 of 1975, preferred his claim to the Commissioner of Payments on 1-11-1975, for recovering Rs. 76, 532-05 as the amount of the bills along with Rs. 25,245/- as interest for the period from 27-1-1973 to 3110-1975 at the rate of 12 per cent per annum.