UNITED BANK OF INDIA Vs. SHYAM SUNDER BANERJEE

JUDGEMENT

(1.) The appellants have impugned the judgment and decree of the learned trial Judge declaring that there was a concluded contract between the plaintiff and the defendants for installation and operation of a 5 KVA generator at Subodh Mallick Square branch of the defendant/ appellant No. 1 and permanently restraining the defendants from interfering with the operation of the generator and further restraining the defendants from installing any other generator at the said branch of the Bank.

(2.) The short facts of the case, as it appears from the pleadings, are as follows : In order to ensure uninterrupted electric energy for smooth functioning of the said branch, the defendant Bank engaged the plaintiff/respondent for installing and operating a motor driven 3.5 KVA generator during power cuts. Subsequently, the Bank required a generator having more capacity.

(3.) It appears from the records that there were negotiations between the parties for replacement of the said 3.5 KVA generator by a 5 KVA generator. On the basis of the correspondence exchanged, the plaintiff/appellant claimed that there was a concluded contract for replacement of the 3.5 KVA generator by a 5 KVA generator and such factum of conclusion of contract would appear from a letter dated 24th/28th August, 1990 being Exhibit A-5 and a letter dated 31st August, 1990 being Exhibit 6/4 read with the letter dated 5th November, 1990 being Exhibit-B.