HOME INSURANCE CO. OF NEW YORK Vs. SHANTIKUMAR R. CANJI

JUDGEMENT

(1.) This is an appeal from the order dated July 6, 1970 made by Vimadalal J., whereby he granted leave to the plaintiff to amend the plaint as sought for by his Chamber Summons dated April 27, 1970. This was not the first application for amendment, as an earlier one had been disposed of by Kantawala J., who had partly allowed the amendment sought for and partly disallowed it.

(2.) Two questions arise in this appeal:- (i) whether the appeal lies, and (ii) if the appeal does He, whether Vimadalal J-ought to have allowed the amendment sought for by the plaintiff.

(3.) Before proceeding to deal with the two questions and in order to understand the rival contentions, some facts may be stated : The appellants before us, who are the defendants in the suit, are the Home Insurance Company of New York having their registered office in New York within the United States of America ; they have a branch office at universal Building, Sir Pherozeshah Mehta Road, Fort, Bombav-1. According to the plaint, on June 1, 1947 the plaintiff was employed by the Concord of India Ltd., an Insurance Company, as an Executive Officer on a monthly salary of about Rs. 775. In June 1947 there were negotiations between the plaintiff and one P. B. Dastoor, who has been described in the plaint as the defendant's Branch Manager. Various representations alleged to have been made by the said Dastoor to the plaintiff have been set out and after such negotiations the defendants, according to the plaint, employed the plaintiff as Executive Officer on a monthly salary of Rs. 1,500 and entertainment expenses. It was further agreed that the plaintiff would have all the benefits, advantages, privileges, amenities and facilities which the defendants used to give to their senior officers, or which the defendants would from time to time give to their senior officers. This was, it may be mentioned, an oral contract. The plaintiff worked as a senior executive officer in the defendants branch at Bombay from June 1, 1947 till Dec. 1963. From time to time his salary was increased, and in Dec. 1963 he was being paid by the defendants a monthly salary of Rs. 1,700 and entertainment expenses. A portion of this salary viz. Rs. 265 was free from income-tax and the defendants paid the income-tax in respect of this portion.