RANJIT KUMAR BYSACK Vs. INTERNATIONAL AIRPORTS AUTHORITY

JUDGEMENT

(1.) This is a Plaintiff's second appeal against a judgment of affirmance in a suit for recovery of money.

(2.) Money Suit No. 10 of 1983 was instituted, on February 25, 1983, in the court of learned Subordinate Judge, Second Court at Alipore contending that the quotation of the Plaintiff was accepted and the Plaintiff was appointed as contractor for repairing and maintenance of baggage trollies and to ensure availability of the serviceable baggage trollies for arriving international air passengers when in need and for collecting it back after their use. The said job included the custodianship of the baggage trollies handed over to the contractor. The Plaintiff was entrusted with the said works by issuing a work order being No. RTB/R&M/1/80 -81 dated March 17, 1980. The said contract period was for 12 (twelve) months between April 1, 1980 and March 31, 1981. The Plaintiff engaged his men to do said job and the Plaintiff satisfactorily undertook the job. The Plaintiff used to send bills every month and the Defendants paid the bills of the Plaintiff up to and including the month of August 1980. Thereafter, the Plaintiff sent bills regularly for the works done, but the bills were not passed for payment. After the expiry of the period of contract the Plaintiff again submitted further quotation and the Plaintiff, at the request of the authorities of the Defendants, continued with his works at the old rate till the new contract was finalised. The Plaintiff continued his works up to June 1981 and submitted his bills at the rate of Rs. 1,500.00 (Rupees one thousand five hundred) only per month. Although the Assistant Director (operations) of the Defendant No. 1 personally requested the Plaintiff to continue with his work till the new contract was finalised, the Defendants did not pay the bills of the Plaintiff for the works done by him. Accordingly, the Plaintiff claimed for a decree of Rs. 15,000.00 (Rupees fifteen thousand) only as principal amount and Rs. 3,500.00 (Rupees three thousand five hundred) only as interest on the said principal amount as one the date of the suit. The Plaintiff, also, prayed for interest at the rate of 15% per annum from the date of the suit till the actual payment.

(3.) On December 20, 1983 the Defendants filed their joint written statement and denied all the material allegations of the Plaintiff as made in the Plaintiff of the said suit. It is, however, contended that as per Clause 4 of the work order dated March 17, 1980, the plaint was required to obtain and attach satisfactory report of performance of work from the Assistant Director (operations/Fal) along with his monthly bills for payment, which the Plaintiff avoided to obtain and as such there was no question of making any payment to him. It was, also, contended that the works of the Petitioner were never satisfactory.