1956 (5) TMI 31 - SUPREME COURT

Whether there is anything in the Displaced Persons (Debts Adjustment) Act, 1951, which overrides this jurisdiction?

Whether in view of the fact that the original execution application to the Tribunal was made before the Banking Companies (Amendment) Ordinance and Act of 1953, came into force., there has been any valid order under section 45-C of the Banking Companies Act by the Punjab High Court transferring the pending execution proceeding to itself?

Held that:- The view taken by the High Court that it bad exclusive jurisdiction in respect of the present matter and that there was a valid transfer to itself by its order dated the 25th June, 1954, is correct.

In the proceedings before the High Court a good deal has been made as to the alleged suppression of material facts by the appellant from the Bombay High Court, in obtaining the impugned order of attachment from that Court and the learned Judge's order also indicates that be was to some extent influenced thereby. It appears to us that the alleged suppression has no bearing on the questions that arose for decision before the learned Judge, on this application. The learned Attorney-General frankly conceded the same. We have been told that there has been some application for contempt in the Court on the basis of the alleged suppression. We do not, therefore, wish to say anything relating to that matter which may have any bearing on the result of those proceedings. Appeal dismissed.