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1954 Supreme(SC) 166

T. L. VENKATARAMA AYYAR, VIVIAN BOSE, B. JAGANNATHA DAS, N. H. BHAGWATI, B. K. MUKHERJEE, M. C. MAHAJAN, S. R. DASS
R. S. Seth Shanti Sarup – Appellant
Versus
Union Of India – Respondent


Advocates:
B.C.MISHRA, M.C.SETALVAD, P.G.COKHALE, PARAS A.MEHTA, TARA CHAND BRIJMOHAN LAL

Judgment

B. K. MUKHERJEA, J. : This is a petition under Art. 32 of the Constitution presented by one Seth Shanti Sarup, a partner of the firm of Messrs, Lallamal Hardeodas Cotton Spinning Mills Company, Hathras praying for appropriate writs to set aside and quash two orders, one dated 21-10-1952, made by respondent 1, the Government of India, under S. 3(4), Essential Supplies (Temporary Powers) Act of 1946, and the other an earlier one passed by the second respondent on the 21-7-1949, under S. 3(f), U. P. Industrial Disputes Act, 1947.

There is a further prayer for consequential relief in the shape of restoration of possession of the properties from which the petitioner and his co-partners are alleged to have been dispossessed in pursuance of the impugned orders and recovery of damages for the loss sustained in consequence thereof.

2. To appreciate the contentions that have been raised before us it would be necessary to narrate briefly the material facts in chronological order. The partnership firm known as Lallamal Hardeodas Cotton Spinning Mills Company, of which the petitioner is a partner, was started some time in the year 1921 at Hathras within the State of U. P. and it carried o













































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