- (1.) This is a suit for recovery of money of Rs.3,24,162.25 and other reliefs. The plaint case is as follows: The parties to the suit entered into an agreement dated November 19, 1969, inter alia, to the following effects: a) The plaintiff would supply watchmen and escorts for the goods of the defendant passing through Calcutta to Bokaro Still City or any other place specified by the defendant by wagons or trucks. b) The terms and conditions have been settled accordingly as to rate of supply of watchmen and railway fares of the escorts. c) The plaintiff had to deposit a sum of Rs.2,000/- as Earnest Money with its tender and such money would be retained by the defendant as security. d) The plaintiff was required to submit bills in respect of the works done on the first day of each month supported by all relevant documents. The payments would be made within 30 days from the date of receipt of the bills, provided the same were found in order. e) The plaintiff would not be responsible for loss or damage to the cargo caused by armed decoity, organised looting, fire or natural calamity. f) The initial contact was for one year. Thereafter, by mutual consent of the parties, the period of duration of the contract was extended from time to time up to January 20, 1973.
(2.) The plaintiff supplied escorts and watchmen for the goods of the defendant accordingly and he submitted bills in respect of the said works subsequently from time to time to the defendant. The defendant made payments on different bills aggregating Rs.75,857.20, but wrongfully deducted a sum of Rs.6,236.60 against the said bills. The plaintiff was yet to get a sum of Rs.38,396.75 in respect of other bills.
(3.) After expiry of the first agreement, another agreement was entered into between the parties on January 20, 1971 and the terms and conditions were almost similar to those contained in the first agreement barring a few other terms. Subsequently, after expiry of the second agreement, the period was extended for another year till January 20, 1973.;