- (1.) HAVING heard the learned advocates for the parties I am of the view that in this matter the Writ Court cannot quantify the amount as claimed. However, from the record it appears that admittedly some works have been done by the petitioner and the benefit of such work has been accepted by the respondents. Completion certificate has been issued but there is a dispute whether the person concerned who has issued certificate has any competency or not. When the work has been done and the same has been accepted a party cannot turn around and say on some plea and other that no payment would be made. That amounts to unjust enrichment and contrary to the provision of Section 70 of the Contract Act which is stated hereunder :
(2.) SECTION 70 in the statute book has been provided in case where there is no contract but something has been done by one party not intending to do so gratuitously and the other party has taken benefit without any demur and objection and obviously the party who has taken benefit is bound to compensate. Following the aforesaid principle I hold that respondents are no doubt bound to compensate, and such compensation is to be made by way of making payment for the works already done.
(3.) THE nature of the work and volume of the work and the price of the work are to be determined. I therefore direct the Director of Shipping Services and/or any person who may be competent, duly authorized by him to take steps for measuring if necessary, quantification of the works done and after it is done the payment shall be released. Entire exercise shall be completed within a period of four months from the date of communication of this order. Needless to mention that the petitioner and/or authorized representative may supply all documents at the time of consideration. Order accordingly.;