DARSHAN SINGH AHUJA Vs. INSTITUTE OF TOWN PLANNER

JUDGEMENT

(1.) . In the Petition the claim is based on four Bills aggregating Rs.10,81,583/- in respect of construction allegedly carried out by the Petitioner at Chandigarh for the Chandigarh Regional Chapter, Punjab, of the Institute of Town Planners. Annexure P-2, which is stated by learned Counsel for the Petitioner to constitute the contract between the parties, but which inexplicably does not contain any narration or details of the parties thereto, admittedly contains the signatures of the Petitioner, an officer of the Chandigarh Chapter and one witness. There is no signature on behalf of the Respondent Company, Reliance has been placed on a Report of a Meeting held on 24.11.2001, on the letter of Chandigarh Regional Chapter, Punjab of the Institute of Town Plan ners of India in which it is stated that in respect of the contractor's pending payment to the tune of Rs. 10.81 lakhs, it was decided that the matter shall be taken up in the next Council Meeting after completion of certain formalities, Reliance has thereafter been placed by the Petitioner on a letter dated November 20, 2001 which emanates from the Respondent. Even in this letter all that has been stated is that in respect of the release of Contractor's pending payment to the tune o Rs. 10.81 lakhs, it was decided that the matter may be taken up in the third Meeting of the Council to be held in Pune on 23.12.2001 after completing foamed formalities. Learned Counsel appearing for the Petitioner would have me view this a statement as an admission of liability on the part of the Respondent. I am entirely unable to do so

(2.) . It has not been disputed clear that there is a relationship between the Respondent and all its Chapters. It is certainly conceivable that payments towards expenses and/or towards construction of buildings etc. by Chapters may be assumed and disbursed by the Respondent. This, however, would remain an internal arrangement between them and would not create a contract between the parties hereto. Apart from Annexure P-02, which also has not been entered into with Petitioner and the Respondent, there is nothing on record to show, that there was been any contractual dealing between the Petitioner and the Respondent. Letters which have been authored by the Respondent and sent to the Chandigarh Chapter have been placed on record. These letters were not exchanged with the Petitioner, and there seems to be no occasion for the legal possession of these letters with the Petitioner. As I see it the Petitioner has procured documentation from that the erstwhile Manager of the local Chapter.

(3.) . The relationship between the Respondent and its Regional Chapters is discernable from Clause 9.1 and 9.2 which read as follows: "98 The Regional Chapter shall not collect any subscription from the members affiliated to it. The members and students shall continue to send their subscription to Secretary General of the Institute. The Council of the Institute may consider providing financial aid within the resources of the Institute to each Chapter in promotion of its activities. The Council may authorise the Regional Chapter to collect such fees as may be found necessary from amongst the members of the Regional Chapter and no fee or fund be collected unless specifically authorised." 9.1 Sources of funds for construction of Chapter Building may be any one or more of the following: (a) Loan from institutional financing agencies; (b) Bank loan against mortgage of land. (c) Donation/grants and loans from Central/State Government, Development Authorities and other agencies in Government, semi-government and private sectors; (d) Advance, loan or securities/deposits or any amount of similar nature from prospective tenant of the building; (e) Loan/donations/grants from members of ITPI. (f) Funding by the parent body, ITPI; and (g) Any other source like advertisements, etc. 9.2 Any agreement/collateral guarantee/undertaking required for procurement of funds and 9.1 shall be with/by the parent body (ITPI) who shall monitor management of all funds and bear all responsibility of repayment."