BABULALL CHOUKHANI Vs. CALTEX INDIA LTD

JUDGEMENT

(1.) By this suit, the plaintiff Babulall Choukhani seeks to recover from the defendant Caltex (India) Ltd., said to be a company incorporated under the Indian Companies Act, the sum of Rs. 25,000 as retention fee at the rate of Rs. 2,500 a month for ten months from August 1, 1963, to May 31, 1964.

(2.) A claim as this rested on a bilateral agreement in the form of a letter dated April 30, 1963, by Caltex to Babulall who by an endorsement at the bottom thereof over his signature dated May 1, 1963, confirmed the terms it embodied. The importance of this document to the fortunes of the present litigation is such that it deserves to be reproduced in full: <frm> ---------- | Seal | PETROLEUM | CALTEX | PRODUCTS ---------- CALTEX (INDIA) LIMITED (Incorporated in the Bahama Islands) Liability of the members is limited. United India Life Bldg., 22 Chittaranjan Avenue Post Box 2382, Calcutta-1 Telephone: 235081-89. Telegrams "CALTEX" April 30, 1963. -------------------------- | In reply please refer to | | C Misc.: EMs | -------------------------- </frm> Mr. Babulal Chokhani, 24.A, Deshapriya Park Road, CALCUTTA - 26. Dear Sir, Lease of land owned by you at Prince Anwar Shah Road, Tollygunge, Calcutta. We refer to the discussions which took place this morning between our Messrs. E. M. Schmidt, R. Majumdar and K. C. Dutta and yourself regarding the abovementioned subject. We list below the points agreed upon and request that you sign the duplicate copy of this letter as a token of your confirmation and acceptance. It is understood that the conditions listed below are subject to the approval of our General Office and we will confirm the same to you by May 10, 1963 at the latest

(3.) This is a document upon which both parties rely. It therefore appears in the admitted brief on documents, exhibit A, as the plaintiff's document No. 1 and the defendant's document No. 1 too at pages 1 and 2 thereof. Presumably, by way of abundant caution, the original letter is marked exhibit M as well.