BHAVNAGAR MERCANTILE DISPUTES SETTLEMENT RULES (REPEALING AND CONSEQUENTIAL PROVISION) ACT, 1961
GUJARAT ACT No. X OF 1961
(First published, after having received the assent of the President in the “ Gujarat Government Gazette” on the 14th April 1961)
An Act to repeal the Rules made under Tharav No. 299, dated the 7th January 1904, of the former State of Bhavnagar and to provide for the disposal of pending proceedings (including appeals) instituted under the said Rules and for purposes connected with the matters aforesaid.
It is hereby enacted in the Twelfth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Bhavnagar Mercantile Disputes Settlement Rules ( Repealing and Consequential Provision) Act, 1961.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Repeal of Bhavnagar Mercantile Disputes Settlement Rules and provision for disposal of pending cases.
2. (1) Tharav No. 299, dated the 7th of January 1904, made by the Ruler of the former State of Bhavnagar, as amended by Tharav No. 740, dated the 24th May 1904, and further amended by Orders No. C/2P(2) 1216, dated the 1st February 1949, and No. CB/III/6066, dated the 21st June 1950, of the former Government of Saurashtra, is hereby repealed, and the 1950, of the former Government of Saurashtra, is hereby repealed, and the Rules relating to the adjudication of disputes therein contained (hereinafter in this Act called “ the Rules”) shall cease to have effect.
(2) All proceedings specified in Part I of the Schedule, instituted or purported to be instituted under Rules, and pending before the Port Officer, Bhavnagar, on the date of the commencement of this Act, shall stand transferred to the court of the Civil Judge (Senior Division), Bhavnagar, and the said court shall dispose of such proceedings in accordance with the provisions of the Code of Civil Procedure, 1908, and all other laws relating to such disputes, as if they had been originally instituted in that court.
V of 1908.
(3) All appeals specified in Part II of the Schedule, instituted under the Rules and pending before the Collector of the Bhavnagar district on the date of the commencement of this Act, shall stand transferred to the District Court, Bhavnagar, and the said court shall dispose of such appeals in accordance with the provisions of the Code of Civil Procedure, 1908 and all other, laws relating to such disputes as if the appeals had been preferred to it from original decrees.
Jurisdiction exercised by Civil Court saved.
3. Nothing in this Act shall affect,-
(a) the validity or invalidity of the institution, continuance or disposal of those proceedings, or the appeals aforesaid, before or by any of the authorities under the Rules;
Sau. Ord. No. XXV of 1948.
(b) the institution, continuance or disposal of any proceedings in respect of any dispute of the nature described in the Rules, which after the commencement of the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948, are instituted in any Civil Court, and no such proceedings shall be called in question on the ground only that they should have been adjudicated under the Rules.
SCHEDULE
PART I
Cases filed under Tharav No. 299, dated the 7th January 1904, of the former State of Bhavnagar and pending with the Port Officer, Port Bhavnagar.
Sr. No.
|
Case No. And Samvat year
|
Name of the
|
Amount claimed
5
|
1
|
Parties Plaintiff
|
Defendant
|
2
|
4
|
3
|
Rs.
|
a.
|
p
|
1
|
6/2004
|
Patel Kalidas Bhagwan
|
The New Dholera steamship Co.
|
1,284
|
0
|
0
|
|
2
|
19/2004
|
Gordhan Govindji
|
Do.
|
1,383
|
0
|
0
|
|
3
|
20/2004
|
Hargovinal Parshottam
|
The New Dholera Steamship Co.
|
214
|
1
|
6
|
|
4
|
28/2004
|
Shah Ramniklal Muljibhai
|
Do.
|
1,329
|
0
|
0
|
|
5
|
33/2004
|
Jivanlal Vithaldas
|
Do.
|
1,619
|
2
|
3
|
|
6
|
3/2005
|
Jivraj Khimehand
|
Do.
|
70
|
0
|
0
|
|
7
|
22/2004
|
Hargovind Prabhashanker
|
Dorabshaw Khurshedji and Sons.
|
475
|
10
|
3
|
|
8
|
9/2005
|
Amritlal Sukhlal
|
The Bombay Steam Navigation Co. Ltd.
|
472
|
14
|
9
|
|
9
|
11/2005
|
Amulakh Ratilal
|
Do.
|
215
|
0
|
0
|
|
10
|
13/2005
|
Amulakh Vithaldas
|
Do.
|
41
|
8
|
0
|
|
11
|
16/2005
|
Shah Amulakh Ratilal
|
Do.
|
154
|
0
|
0
|
|
12
|
17/2005
|
Do.
|
Do.
|
51
|
0
|
0
|
|
13
|
18/2005
|
Damodar Savailal
|
Do.
|
935
|
14
|
3
|
|
14
|
19/2005
|
Do.
|
Do.
|
205
|
5
|
0
|
|
15
|
20/2005
|
Bhat Hargovind Prabhashanker
|
Do.
|
85
|
8
|
0
|
|
16
|
21/2005
|
Do.
|
Do.
|
112
|
11
|
0
|
|
17
|
22/2005
|
Do.
|
Do.
|
168
|
12
|
0
|
|
18
|
23/2005
|
Do.
|
Do.
|
131
|
8
|
0
|
|
19
|
25/2005
|
Shah Jethalal Bhagwan
|
Do.
|
286
|
8
|
0
|
|
20
|
26/2005
|
Durlabhdas Vallabhdas
|
Do.
|
71
|
8
|
9
|
|
21
|
27/2005
|
Tajbhai Jivaji
|
Do.
|
200
|
0
|
0
|
|
22
|
29/2005
|
Methta Jethalal Kunavarji
( Vahivatdar Vrajlal Jethalal)
|
Do.
|
267
|
8
|
0
|
|
23
|
30/2005
|
Messrs. Prataprai & Co.
|
The Bombay Steam Navigation Co. Ltd.
|
153
|
0
|
0
|
|
24
|
31/2005
|
Nathubhai
|
Do.
|
119
|
0
|
0
|
|
|
Devehand (Vahivatdar Jivraj Nathubhai).
|
|
|
|
|
25
|
33/2005
|
Bhauralal E.I Ranchhod
|
Do.
|
1,060
|
0
|
0
|
|
26
|
35/2005
|
Mohanlal Gagajibhai
|
Do.
|
755
|
10
|
0
|
|
27
|
39/2005
|
Jivraj Nathubhai
|
The Scindia Steam Navigation Co. Ltd.
|
215
|
10
|
0
|
|
28
|
40/2005
|
Vinal Motor House, Manager, Dhanjibhai
|
The Bombay Steam Navigation Co. Ltd.
|
426
|
2
|
0
|
|
29
|
42/2005
|
Saurashtra Chopda Bhandar
|
Do.
|
422
|
2
|
6
|
|
30
|
43/2005
|
Parekh Babubhai Prabhubhai
|
The Bombay Steam Navigation co. Ltd.
|
603
|
14
|
0
|
|
31
|
29/2004
|
Tandel Gordhan Kana
|
Prakash & Co.
|
40
|
4
|
0
|
|
32
|
32/2004
|
Babulal Jivanlal
|
The Bharat Line Ltd.
|
141
|
4
|
0
|
|
33
|
28/2005
|
Kathiawad Motor Sales and Service.
|
Do.
|
30
|
12
|
0
|
|
34
|
34/2005
|
Gordhan Govindji
|
Do.
|
1,292
|
0
|
0
|
|
35
|
17/2004
|
Tandel Bava Naran
|
Ramniklal Manekchand.
|
277
|
0
|
0
|
|
36
|
2/2002
|
Bhavnagar Danapith Vepari Mandal.
|
Tandel Babul Vashram
|
823
|
3
|
6
|
|
PART II
Appeals filed under Tharav No. 299, dated the 7th January 1904, of the former State of Bhavnagar and pending with the Collector of the District of Bhavnagar.
Sr. No.
1
|
Appeal No. And Samvat Year
2
|
Names of the Parties
|
|
Amount claimed
5
|
Appellant
3
|
Respondent
4
|
Rs.
|
a.
|
P.
|
1
|
12/97
|
M/s. Lyonel Edwards Ltd.
|
M/s.Nanchand Anandji M/s. Dorabshaw Khurshedji & Sons.
|
53
|
0
|
6
|
|
2
|
11/97
|
Do.
|
M/s. Harjivan Dispchand M/s. Dorabshaw Khurshedji.
|
130
|
15
|
9
|
|
3
|
10/97
|
Do.
|
Narshidas Jagjivandas Dorabshaw B. Khurshedji.
|
58
|
13
|
6
|
|
4
|
9/97
|
Do.
|
Narshidas Meghji Bali Bros. M/s. Dorabshaw B. Khurshedji.
|
228
|
0
|
6
|
|
5
|
13/97
|
Do.
|
Jagjivan Ujamshi M/s. Rali Broa.
|
100
|
0
|
0
|
|
6
|
19/98
|
M/s. Bombay Steam Navigation Co. Ltd.
|
Memon Haji JUsab Haji Mahomed
|
12
|
8
|
0
|
|
7
|
20/98
|
Do.
|
Do.
|
25
|
8
|
0
|
|
8
|
56/99
|
Do.
|
Nanchand Anandji
|
24
|
12
|
0
|
|
9
|
35/2004
|
Do.
|
Mahamedali Dosaji
|
265
|
3
|
0
|
|
10
|
36/2004
|
Do.
|
Talakchand Zaver
|
952
|
0
|
0
|
|
11
|
93/1953
|
Malabar Steamship Co. Ltd.
|
Prataprai & Co.
|
225
|
0
|
0
|
|
|
