UNION OF INDIA v. ELPlllNSTONE SPINNING /\ND WEAVING CO. LTD. & ORS. ETC.

with the Central Government under Section 3(2) of the Act, but there are ~ certain other assets which cannot be held to form a part of the assets of

- Elphinstone Spinning and Weaving Mill and, therefore, cannot be taken over, the High Court has not considered this question as the Act itself was struck down but it would be proper for the High Court now to consider the same, bearing in mind the law laid down by this Court in Sitaram Mills' case interpreting the provisions of Section 3(2) of the Act on the materials to be produced by the parties. Be it stated that until a decision is given by the High .-4 ~.

Court on this score, by virtue of operation of law all the assets would stand vested and such vesting would be subject to a final decision of the High Court in respect of any of these so-called assets which the petitioner establishes not to be an asset of Elphinstone Mill notwithstanding the wider meaning given to Section 3(2) in Sitaram Mills' case. ,)'..,- S.M. Appeals allowed.