RAMJI DAYAWAHLA AND SONS PRIVATE LTD Vs. MESSRS INVEST IMPORT

JUDGEMENT

(1.) This judgment governs two appeals numbered 110 and 111 of 1964.

(2.) Each is by the plaintiff, Ramji Dayawahla & Sons Private Ltd., a company incorporated under the Indian Companies Act, hereinafter referred mostly as "the appellant". Appeal No. 110 is from an order dated Jan. 10, 1964, of A.N. Ray, J., staying the appellant's suit, being suit No. 1359 of 1963, and all proceedings thereunder. Appeal No. 111 is from an order dated Feb. 6, 1964, of the same learned judge dismissing the appellant's application in that suit for injunction and vacating too the interim one granted on Aug. 2, 1963--the very day the said application was filed and moved.

(3.) Suit No. 1359 of 1963 is a suit raised by the appellant on Aug. 1, 1963, seeking to recover Rs. 4,25,343.00 from the sole defendant, (now the respondent before us and hereinafter referred to as "the respondent"), Invest Import, a company incorporated in Yugoslavia, with its registered office at Belgrade and a local office at 36 Ganesh Chandra Avenue within the jurisdiction of this Court. The origin of this suit lies in an agreement dated July 10, 1961, (hereinafter referred to as "the contract"), by which the respondent had appointed the appellant as the subcontractor for the erection of two (2) complete radiation type steam-boilers for a thermal power station at Barauni in the State of Bihar, for the erection of which, again, the respondent was under a contract dated Feb. 27, 1960, or thereabouts, with the Bihar State Electricity Board. Apparently, the parties fell out at and during the time the work was on in terms of the contract. And the result has been this suit--No. 1359 of 1963--the plaint of which can broadly be divided into the following parts, where over possible in chronological order, (which the drafter of the plaint does not heed to), and also according as the averments purport themselves to be in terms of the contract or not, in order to see how the claim laid comes to Rs. 4,25,343.00.