Civil Court jurisdiction over pre-nationalisation coal mine claims survives where the Act does not clearly exclude it.

The Coal Mines (Nationalisation) Act, 1973 did not expressly or by necessary implication exclude Civil Court jurisdiction over pre-appointed day claims against ex-owners of nationalised collieries. Although Sections 20 and 23 required creditors to pursue claims before the Commissioner for adjudication and distribution from compensation funds, Section 7 preserved the owner's pre-appointed day liabilities and left them enforceable against the owner. The court therefore held that the suit was maintainable, with any sum already realised before the Commissioner to be adjusted pro tanto against the decree.

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Issues: Whether the Coal Mines (Nationalisation) Act, 1973 ousted the jurisdiction of Civil Courts in respect of pre-appointed day claims against ex-owners of nationalised collieries.

Analysis: The statutory scheme under Sections 20 and 23 required creditors to prefer claims before the Commissioner for adjudication and distribution out of compensation funds, but it did not expressly exclude Civil Court jurisdiction. Section 7 preserved liabilities of the owner for periods prior to the appointed day and stated that such liabilities remained enforceable against the owner and not against the Central Government or Government company. The provisions of the Act did not create a special right or liability with an exclusive forum, and exclusion of Civil Court jurisdiction could not be inferred unless it followed by necessary and inevitable implication. The prior adjudication before the Commissioner also did not defeat the suit on the facts, since the claim was admitted and the decree could at most be adjusted pro tanto for any amount already realised.

Conclusion: The Act did not bar the suit, and the Civil Court had jurisdiction to entertain and decree the plaintiff's claim, subject to adjustment of any amount received from the Commissioner.

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