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1959 Supreme(Mad) 72

P.V.RAJAMANNAR, GANAPATIA PILLAI
The Joint Chief Controller of Imports and Exports – Appellant
Versus
H. V. Jain – Respondent


Advocates:
M. K. Nambiar, for the Government Pleader (B. V. Viswanatha Ayyar) on behalf of the Appellant.
R. M. Seshadri, for Respondent.

Rajamannar, C.J. -

This is an appeal from the judgment of Balakrishna Iyer, J., disposing of two writ petitions filed by the respondent H. V. Jain (W.P. Nos. 107 and 216 of 1958). The material facts are not in dispute. The respondent was a partner in a firm named Messrs. Sha Bhagajee Sonmull, Madras. The firm consisted of four partners and was doing business principally in import of various articles. The firm was recognised as an established importer in respect of the articles which it used to import. Owing to differences between the partners the firm was dissolved on and from 21st November, 1956. After dissolution, the respondent and the three partners submitted their applications individually for licences against quota rights of the dissolved firm. They were informed that their applications would be considered after the approval of the Chief Controller of Imports for transfer of quota rights. The licences applied for were for periods July to December, 1956, and January to June, 1957. By an order, dated 9th April, 1957, the Chief Controller approved the transfer of quota rights. The order was communicated to the firm by a letter which ran as follows: -

“ Gentlemen,

With reference to











































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