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1952 Supreme(P&H) 52

D.FALSHAW, KAPUR
Firm Pariteshah Sadashiv – Appellant
Versus
Asst. Custodian Of Evacuee Property, Amritsar – Respondent


Judgment

Kapur, J.

1. This is a petition for the issue of an appropriate writ against the opposite party for quashing the order calling upon the petitioners to deposit a sum of Rs. 5,280/-/6. This order was passed on the 15th October and 10th November, 1951 by the Assistant Custodian of Evacuee Property, Amritsar.

2. Before the 21st June 1951 a munib of the Custodian Department went through the account books of the petitioners and found that a sum of Rs. 5,280/-/6 was due by the petitioners to certain evacuees. On the 21st June 1951 a notice was issued to the petitioners to deposit the amount within a week. An application was then filed by the petitioners in the office of the Assistant Custodian, Amritsar, in which it was alleged that this sum of money was not due to any evacuees, that the amount had become barred by time and that the Custodian had no right to recover the same. It was alleged that one of the evacuees had stood surety with the petitioners for a sum of Rs. 6,000/-. In August 1951 the petitioners were called upon to produce documentary proof but they requested for further time as they had sent away their books to some place outside Amritsar due to panic in that town, b



































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