NAVINCHANDRA NATHALAL SHAH Vs. CONTINENTAL INDUSTRIES

JUDGEMENT

(1.) AS both these appeals involved common questions of law and they are disposed of by this common judgment. These appeals have been filed against the judgment and decree passed by the learned City Civil Court No. 9, Ahmedabad in Civil Suit No. 790 of 1972 and Civil Suit No. 1144 of 1972, whereby, Civil Suit No. 70 of 1972 was dismissed and Civil Suit No. 1144 of 1972 was allowed and the appellant was liable to pay a sum of Rs. 36,469.39 paise to the defendants along with interest and proportionate costs.

(2.) THE short facts of the case are the appellant herein is engaged in the business of construction. THE defendant had entrusted the work of preparing plan for the suit factory building and getting those plans sanctioned by the Municipal Corporation and also for supervising construction and thereafter to submit the progress report about the construction to the Municipal Corporation, to the appellant. It is the case of the appellant that though he had completed the work entrusted expeditiously, the defendant had not paid the dues.

(3.) CONSIDERING the facts of the case and the evidence on record, the view taken by the trial Court is just and legal. I am in complete agreement with the reasonings given by the trial Court while dismissing the suit of the appellant and hence, I find no reasons to interfere with the same.