Judgement

IMAM, J. : These petitions under Art. 32 of the Constitution of India question the validity of the notifications issued under S. 52-A of the insurance Act of 1938 (hereinafter referred to as the Act) and the appointment of an Administrator. In the case of the Tropical Insurance Company Ltd. an Administrator was appointed under notification dated the 14th of July, 1951 and in the case of the Jupiter General Insurance Company Ltd., another Administrator was appointed under notification dated the 10th of July, 1951.

These two insurance companies do insurance business of life insurance and general insurance. Admittedly previous to the appointment of the Administrators the Controller issued notices under S. 52-A to the petitioners and the Finance Ministry of the Central Government sent letters to them pointing out the allegations in the report of the Controller to which they replied.

2. The learned Counsel for the petitioners has candidly stated that he could not raise any constitutional point after the fourth amendment to the Constitution of India. He assumed, therefore, that the provisions of Ss. 52-A to 52-G of the Act were constitutional but he urged that the notifications un