(1.) The present appeal arises against the judgement and the order dated 18.10.1991 passed by the learned City Civil Judge, in Civil Suit No.421/82, whereby the suit of the respondent herein-original plaintiff has been decreed and appellants herein-original defendants are directed to pay the amount of Rs. 12,40,159.90 with interest at the rate of 12% p.a., until the amount is realized. We may state that for the sake of convenience, the parties shall be referred to as their status in the original suit or as per their status in the present appeal.
(2.) The facts to the extent found relevant shall be referred to hereinafter.
(3.) It is an admitted position that the contract was given to defendant No.l partnership firm. The contract agreement is also admitted and has come on record. It is also proved before the Trial Court that the defendants abandoned the contract and thereafter, the plaintiff had to give the contract for the remaining work to another party. As per the plaintiff, it had claimed the damages on the different heads as under: Rs.10,75,264.90 Damages on account of breach of contract Rs. 64,210.00 Liquidated damages Rs. 1,07,526.50 Supervision charges at 10% Rs. 44,835.00 Balance of advances paid on security of materials. Rs. 150.00 Notice charges Rs. 12,91,986.40 Rs. 6,001.50 Total Less : Realisation from auction of material Rs.12,85,984.90 Suit claim