JAMDAR, J. :- Appellant M/s. Oriental Coal Company Ltd. has preferred 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 maintainability of the suit in view of the provisions of the Coal Mines (Nationalisation) 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 Colliery. The respondents supplied goods on credit to the appellant-Company. The respondent in First Appeal No. 33 of 1980 M/s. Mohanlal Kisanlal, a registered partnership firm, supplied 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. 2,293-40 towards Bill No. E-3 and gave two cheques of Rs. 5,000/-each to M/s. Mohanlal Kisanlal on 30th Jan., 1973. Both these cheques were dishonoured in view of the Coal Mines (Taking Over of Management) Act, 1973, which, by virtue of S.1 (2), was deemed to have come into force on 30th Jan., 1973. The respondent M/s. Mohanlal Kisanlal, therefore, informed the appellant about dishonour of the cheques and also reques