The Bhavnagar Mercantile Disputes Settlement Rules (Repealing and Consequential Provisions) Act, 1961

1. (1) This Act may be called the Bhavnagar Mercantile Disputes Settlement Rules (Repealing and Consequential Provisions) Act, 1961.
2. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

1. (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. (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the 1st February 1949, and No. CB/III/6066, dated the 21st June 1950, of the former Government of Saurashtra, is hereby repealed, and the Rules relating to the adjudication of disputes therein contained ( hereinafter in this Act called " the Rules " ) shall cease to have effect.
3. (2) All proceedings specified in Part I of the Schedule, instituted or purported to be instituted under the 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.
4. (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.

Nothing in this Act shall affect, —

1. (a) the validity or invalidity of the institution, continuance or disposal of these proceedings, or the appeals aforesaid, before or by any of the authorities under the Rules ;
2. (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.

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 | Plaintiff | Defendant | Amount claimed (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 | Hargovind 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 Khimchand | 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 | Mehta Jethalal Kunvarji (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 Devechand (Vahivatdar Jivraj Nathubhai) | Do. | 119 0 0 25 | 33/2005 | Bhuralal 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 Damodar | The Bombay 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 | Babtlal 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 | 323 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. | Appeal No. and Samvat year | Appellant | Respondent | Amount claimed (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 | M/s. Lyonel Edwards Ltd. | M/s. Harjivan Dipchand; M/s. Dorabshaw Khurshedji | 130 15 9 3 | 10/97 | M/s. Lyonel Edwards Ltd. | Narshidas Jagjivandas; Dorabshaw B. Khurshedji | 58 13 6 4 | 9/97 | M/s. Lyonel Edwards Ltd. | Narshidas Meghji Bali Bros.; M/s. Dorabshaw B. Khurshedji | 228 0 6 5 | 13/97 | M/s. Lyonel Edwards Ltd. | Jagjivan Ujamshi; M/s. Rali Bros | 100 0 0 6 | 19/98 | M/s. Bombay Steam Navigation Co. Ltd. | Memon Haji Jusab Haji Mahomed | 12 8 0 7 | 20/98 | M/s. Bombay Steam Navigation Co. Ltd. | Memon Haji Jusab Haji Mahomed | 25 8 0 8 | 56/99 | M/s. Bombay Steam Navigation Co. Ltd. | Nanchand Anandji | 24 12 0 9 | 35/2004 | M/s. Bombay Steam Navigation Co. Ltd. | Mahamedali Dosaji | 265 3 0 10 | 36/2004 | M/s. Bombay Steam Navigation Co. Ltd. | Talakchand Zaver | 952 0 0 11 | 93/1953 | Malabar Steamship Co. Ltd. | Prataprai & Co. | 225 0 0