STATE OF RAJASTHAN Vs. KHAN BAHDUR HORMUJI NANECKJI

JUDGEMENT

(1.) THIS is an appeal by the State against a decree passed by the Senior Civil Judge, Jaipur City. On a suit brought against it by Messers. Khan Bahadur Hormusji Maneckji Dossabhoy Hormusji Bhiwandiwala and Co., a registered partnership firm for the recovery of a sum of Rs. 2,32,676/ -. The plaintiff have filed a cross -objection in respect of that part of the claim which was dismissed by the trial court.

(2.) THE plaintiff entered into a contract with the then Jaipur State on 17th December, 1942. Under this contract the terms of which are contained in sanction notice Ex 27, in document Ex. 28 (containing the terms, of the contract), in agreement Ex 29 which was executed after the bid of the plaintiffs was accepted and in certain other documents, the plaintiffs undertook to install distillery in the premises belonging to the Jaipur State and to supply liquor for the period from 1st July 1943 to 31st August, 1950, The outgoing contractors were M/s Karnal Distillery Ltd. the contract in whose favour was terminated. It was stated in Ex 27 that the successful bidder will instal his own distilling plant within the distillery premises at Jaipur. The following terms contained in document Ex. 28 are material for the purpose of the present case: 1. The plant will be installed within the distillery premistes at Jhotwara by the successful bidder and all works of masonry or otherwise will be done by him at his own cost. 2. He will be required to take over the buildings and the spirit waste etc. in the premises there and pay a monthly rent of Rs. 75/ - p.m. therefore. The premises are open to inspection to the intending bidders. 5. The licensed contractor will have to submit a plan of the buildings and of the plant, he would erect, for the approval of the Excise Commissioner, and he will not make any additions and alterations in the existing building without obtaining his previous sanction. 6. The successful bidder will be required to obtain the work of the installation of the plant within a fortnight and complete it definitely within the period of six months. This is to count from the date the contractor is informed finally of the orders. 7. Bids are to be made for the supply of plain and spiced spirit, per 1 P. gallon, distilled from liquid molasses. Note : The rates will be for bulk spirit ex -distillery at Jaipur, Sawai Madhopur, Sri Madhopur, Phulera and Malpura, and ex -wholesale depots at Hindaun Todaraisingh, Nainath, Bonli, Mahawa and Chaksu. 10. The licence for the manufacture of sprit and contract of supply will be for 10 years. Note : On the termination of contract - (a) The contract may be renewed by the Darbar for a further period to be settled, or (b) the Darbar may purchase the plant by paying the value arrived at by arbitration, or (c) allow the licensed contractor to sell the plant to the incoming contractor, or (d) may allow the removal of the plant. 12. He will be required to deposit with the Darbar a sum of Rs. 10,000/ - in cash or Government promissory notes or securities approved by the Darbar as securities for the due performance of the terms of his contract. Notes or other securities must before they are deposited, be endorsed in favour of the Finance Minister, Jaipur. 13. Premises are already electrified. The contractor will have to pay for the electricity consumed by him. 26. The distillery premises are close to the Railway Station, Jaipur West on the Jp. S. Railway which contain the following buildings: - - (1) Liquor godown, which has got spirit vats of the capacity of 8,000 to 10,000 gallons. (2) Office room, (3) Bottling room. (4) A fermenting shed and a shed for the location of stills with pucca flooring. (5) General store -room. (6) A water tank at a fairly high level connected with a cell by a pipe line just outside the distillery enclosure. (7) Drums room. (8) Chowkidar's hut. The term for which the contract was given to the plaintiffs was reduced to 7 years and 2 month under a subsequent agreement. A perusal of plan Ex. 159 A is necessary at this stage. All the buildings and structures mentioned in Clause 26 above are shown in this plan. Towards the north there were two sheds mentioned in Sub -clause (4) of Clause 26 of Ex. 28. The northern shed was a fermenting shed and the southern was for location of stills. The plaintiffs proposed to use the existing buildings and structures only for the purpose of installing their distillery. They accordingly submitted plan Ex. 159 A to the Commissioner, Excise & Custom. On behalf of the Jaipur Government it was suggested to the plaintiffs that the distillation plant and distillery building should be constructed between the southern shed and the spirit godown (warehouse) The evidence on record shows that the Jaipur State Government authorities asked the plaintiffs to get the distillery plant designed by the distillery technologist of the U.P. Government. The Commissioner, Customs & Excise discussed with this technologist the location and design of the distillery buildings and the following office note (Ex.11) was recorded: I have discussed the building case of the distillery with the Distillery Technologist of the U.P. Government representing M/s. Bhiwadiwala & Co., Jaipur and have come to the conclusion that the following arrangements are essential to the plan submitted by them. This solves the question. The idea is that the State has always been at least 60 years in advance in the models and requirements of its buildings and the Jaipur P.W. D. will kindly see to this. 1. Space between the warehouse and the plant room should not be less than 60 feet. 2. There should be an office for the Inspector.

(3.) LAVATORY should be provided.