TIMBLO IRMAOS LID., MARGO versus JORGE ANIBAL MATOS SEQUEIRA & ANR.

TIMBLO IRMAOS LID., MARGO versus JORGE ANIBAL MATOS SEQUEIRA & ANR.

The power of attorney executed by Sequeiras in favor of Ramesh Jethalal Thakker covered the execution of the second contract of 5th February 1954. The document, considered as a whole and with reference to implied and express powers, permitted appointment of an agent to execute such contracts. Therefore, the second contract is binding. However, on facts, the company failed to discharge its contractual obligations (provision of lighting and winches, opening letter of credit) and cannot claim demurrage when delay was due to its own default.

Parties
Appellant: Timblo Irmaos Ltd.; Respondents: Jorge Anibal Matos Sequeira and another
Jurisdiction
India
Judgment Date
16 December 1976
Procedural Posture
Civil Appeal / Appeal From the Judgment and Decree Dated 21st February, 1968 of the Judicial Commissioner's Court at Goa, Daman and Diu
Outcome
Appeal allowed in part; finding regarding the binding nature of the second contract set aside and held binding; matter remanded to trial court for further determination; claims to demurrage negatived; parties to bear own costs.
Legal Topics
Interpretation of Power of Attorney, Ejusdem Generis, Implied Authority, Section 92 Evidence Act, Breach of Contract
Contract Law Agency Evidence Interpretation of Power of Attorney Ejusdem Generis Implied Authority Section 92 Evidence Act Breach of Contract

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Parties

Timblo Irmaos Ltd.

Appellant

Jorge Anibal Matos Sequeira and another

Respondents

Procedural Posture

Civil Appeal / Appeal From the Judgment and Decree Dated 21st February, 1968 of the Judicial Commissioner's Court at Goa, Daman and Diu

Legal Issues

  1. 1 Whether the second contract of 5th February 1954 was covered by the authority conferred by the Sequeiras upon their attorney, Ramesh Jethalal Thakker
  2. 2 Whether the company was entitled to demurrage for delay in loading

Ratio Decidendi

The power of attorney executed by Sequeiras in favor of Ramesh Jethalal Thakker covered the execution of the second contract of 5th February 1954. The document, considered as a whole and with reference to implied and express powers, permitted appointment of an agent to execute such contracts. Therefore, the second contract is binding. However, on facts, the company failed to discharge its contractual obligations (provision of lighting and winches, opening letter of credit) and cannot claim demurrage when delay was due to its own default.

Court Disposition

Appeal allowed in part; finding regarding the binding nature of the second contract set aside and held binding; matter remanded to trial court for further determination; claims to demurrage negatived; parties to bear own costs.

Orders

  • The finding of the Judicial Commissioner regarding the second contract is set aside.
  • Second contract held binding on both sides.