MATHEW Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Can an Agent maintain a suit against the principal for accounts

(2.) The defendant, the Kerala State Electricity Board, against whom a preliminary judgment and decree in a suit for rendition of accounts was passed by the Subordinate Judge's Court, Thiruvananthapuram in O.S.392/90, challenged it in appeal before the District Court, Thiruvananthapuram, through A.S.422/05.

(3.) The case of the appellant, in short, is that the appellant is a contractor employed by the respondent herein for carrying out the construction works of Vydyuthi Bhavan at Thrissur. After the piling works of the said building, the continued works were abandoned by the earlier contractor and thereafter the appellant had stepped in. Initially, though a contract period of 24 months were prescribed as duration under which the construction of the building had to be completed, as there were short supply and non-supply of materials in time as agreed to by the respondent, the works had to be prolonged and thereby a period of 12 more months was fixed by the respondent as extended duration for the completion of the work. Even prior to the lapse of that extended period, the entire works of the building were completed by the appellant and the building was handed over to the respondent. According to the appellant, huge amounts were due to him from various items of works in respect of the construction made by him and as there were reciprocal promises and contracts from the part of the respondent also regarding the supply of materials from their store, unless and until the accounts are renditioned, the actual amounts due to the appellant cannot be quantified. The learned Subordinate Judge passed a preliminary judgment and decree for rendition of accounts.