- (1.) In this application made by the plaintiff on 19th Jan., 1985 the plaintiff has asked for the following reliefs : a) The Receiver Mr. Sunil K. Mitra be directed and empowered to hand over Rs. 5 lakhs deposited with him by the defendant together with all accretions thereon to the petitioner and the petitioner be given liberty to accept the same in pro tan to satisfaction of its claim in this suit. b) Receiver be empowered to encash the fixed deposit receipt for the purpose of making payment to the petitioner. c) The defendant be directed to pay Rs. 80,000/- to the petitioner within fortnight from the date of the order on account of charges for the storage tank from May 1984 to Dec. 1984 and the petitioner be allowed to receive the same without prejudice to its claim in the suit. d) The defendant be directed to pay monthly storage charges in respect of such storage tank namely GEM-8 at the present market rent of Rs. 3,85,000/- or alternatively at the rate or Rs. 1,10,000/- per month until the said storage tank is emptied and all materials stored therein are removed by the defendant and the petitioner be allowed to receive the same without prejudice to its claim in the suit.
(2.) The case of the plaintiff-petitioner is that in or about July 1983 the petitioner and the State Trading Corporation of India Limited the defendant - respondent (hereinafter referred to as STC) entered into an agreement whereby the petitioner offered to store and the STC agreed to engage the Storage Tank bearing No. GEM-8 at a monthly rental of Rs. 20/- per M.T. which was to be charged on the minimum guarantee capacity of 3000 MT. That is to say, at the monthly minimum rent of Rs. 60,000/- and storage of more than 3000 M.T. would be charged extra for excess oil @ Rs. 20/- per M.T. per month. The said agreement is contained in and/or evidenced by the letter D/-6th July, 1983 issued by the STC to the petitioner and the letter D/-16th July, 1983 written by and on behalf of the petitioner to the STC. The letter D/-16th July, 1983 was duly signed by the petitioner as a token of acceptance and returned the same to the petitioner on July 16, 1983.
(3.) By the said letter of 16th July, 1983 STC had proposed that a formal agreement for a period of 3 months would be entered into. STC had subsequently sent to the petitioner a formal agreement as per their pro forma which was signed by the petitioner and returned to STC but STC did not thereafter send to the petitioner any copy of the formal signed by the STC or at all. STC has not communicated to the petitioner execution of such formal agreement by the defendant. No binding formal agreement was ultimately entered into by and between the parties herein and the terms and conditions on which the petitioner stored and/or allowed storage of oil in the said Storage Tank bearing No. GEM-8 and rendered service to STC in connection therewith are contained in several letters D/-July 6, 1983 and July 16, 1983.;