HIGH COURT OF CALCUTTA
R. S. BACHAWAT, A. K. MUKHERJI
STATE OF PUNJAB - Appellant
Versus
A. K. RAHA (ENGINEERS) LTD. - Respondent
A. F. O. D. 40 Of 1960
Decided On : SEPTEMBER 18, 1963
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Fact of the Case:
The plaintiff Company claimed a sum of Rs. 31,949-12 as excess deductions from running bills and a sum of Rs. 3,35,211-12 as the price of work done, refund of security deposit, and damages. The defendant State of Punjab contended that the final bill was payable in Punjab, while the plaintiffs argued it was payable at their registered office in Calcutta.
Finding of the Court:
The court found that the final bill, including the security deposit, was not payable in Punjab and held that the obligation to pay the plaintiff company involved the obligation to pay them at their registered office in Calcutta. The court also determined that a part of the cause of action arose in Calcutta, giving the trial court jurisdiction to entertain and try the suit.
Issues: The main issue was the place of payment of the final bill and whether the trial court had jurisdiction to entertain and try the suit.
Ratio Decidendi: The court applied Section 49 of the Indian Contract Act and the common law rule to determine the place of payment. It also considered the surrounding circumstances and nature of the contract to imply the place of payment. Additionally, the court found that a part of the cause of action arose in Calcutta, giving the trial court jurisdiction.
Final Decision: The appeal was dismissed, and the court held that the trial court had jurisdiction to entertain and try the suit. The plaintiff unconditionally abandoned and gave up certain items of claims.
( 1 ) THIS is an appeal by the defendant State of Punjab against a decree directing an enquiry as to the amount due and payable to the plaintiff Company in respect of their claim as mentioned in paras. 6, 7 and 8 of the plaint.
( 2 ) UNDER paragraph 6 of the plaint the plaintiffs claimed a sum of Rs. 31,949-12 as. on account of excess deductions from running bills and under paragraphs 7 and 8 of the plaint they claimed a sum of Rs. 3,35,211-12 as. on account of the price of work done, refund of security deposit and damages as in the schedule to the plaint. The claim for damages as mentioned hereafter has been abandoned and given up before us. The plaintiff's claim as it stands now is for the refund of the security deposit and for the price of work done under the contract between them and the defendant. Under the contract the plaintiffs undertook to construct for the defendant a broad guage Railway tunnel on the Bhakra Nangal Canal Railway. The contract was between the plaintiffs, a limited company having then its registered office at D5, Clive Buildings in the town of Calcutta and the Punjab Government having then its Head Quarters at Simla. The tender was submitted by the plaintiffs to the Superintending Engineer, First Bhakra Civil Circle, Ellersley, Simla-E. The acceptance of the tender was sanctioned by the Chief Engineer. Irrigation Works, East Punjab Simla. The contract was signed on behalf of the plaintiff Company under the authority of the resolution of their Board of Directors passed at their registered office at Calcutta. Part of the Security deposit, namely a sum of Rs. 5,000/- was deposited in cash by the plaintiff company with the Subdivisional Officer, Left Bank Tunnel Subdivision at Barmula and the balance of the deposit, i. e. , a sum of Rs. 20,000/. was deposited by them with the Punjab National Bank Rupar Branch. The work of construction of the tunnel on the Nangal Bhakra Railway was done under the supervision of the Executive Engineer, Tunnelling Division, Nangal Township P. O. Nangal Nikku Hoshiarpur. During the progress of the work the plaintiff Company had a temporary office at Nangal Nikku. The work was practically completed on or about the 4th of March 1949 but the last stone was removed on or about the 9th April 1949. According to the certificate of the Subdivisional Officer Railways Tunnel Subdivision the work was completed on the 9th April 1949. The contract required the plaintiff Company to submit their bills to the Executive Engineer-in-Charge of the works. During the progress of the work running bills for work done were submitted to the Executive Engineer and payments were received by the plaintiff Company at its temporary office at Nangal by cheques. Under the contract the plaintiffs were entitled to receive monthly payments against the running bills which were to be treated as advances against the final payment. Considering that the plaintiff Company would maintain a temporary office at Nangal during the progress of the works and considering also that the payments under the running bills were made by way of advances to meet the running disbursements on the spot, a term may well be implied in the contract that the payments under the running bills could be made by the defendant to the plaintiff at its temporary office at Nangal. The contract required the plaintiffs to submit their final bill to the executive engineer in charge within one month of the date fixed for completion of the work. The contract also provided that the certificate of completion shall not be given and the work shall not Reconsidered to be complete until the contractor shall have removed from the premises on which the work shall be executed all scaffolding, surplus materials and rubbish and cleaned off the dirt from all wood work, doors, windows, wells, floors and other parts of any building in upon or about which the work is to be executed or of which he may have had possession for the purpose of the execution t
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