GEB Vs. SAURASHTRA CHEMICALS

JUDGEMENT

(1.) This appeal under Section 96 of the Code of Civil Procedure is preferred by the appellants -original defendants of Special Civil Suit No. 2/1991 against the judgment and order dated 30.9.1995 passed by the ld. Civil Judge (S.D.), Porbandar whereby suit of the respondent -original plaintiff company has been decreed. Appellants are the original defendants and respondent is the original plaintiff and for the sake of convenience, they will be referred to hereinafter as defendants and plaintiff respectively. Ld. Civil Judge decreed the suit holding that the plaintiff is entitled to recover an amount of Rs. 37,17,548-00 from the defendants with running interest at the rate of 12% p.a. from the date of the suit till its realisation with costs of the suit.

(2.) To appreciate the rival contentions raised by the ld. Senior counsel appearing for the parties, it would be appropriate to narrate the facts of the case in nutshell.

(3.) Ld. Senior Counsel Mr. M.D.Pandya appearing for the appellant GEB and Ld. Senior Counsel Mr. B.P.Tanna appearing for original plaintiff, have taken us through the entire oral as well as documentary evidence and have developed their arguments to all relevant legal as well as fact findings recorded by the trial Court. We have also carefully considered the reasons assigned by the ld. trial Judge for accepting the case of the plaintiff in toto. Before appreciating the arguments advanced before us, for the sake of convenience, we would like to deal with certain legal contentions raised by the appellant. According to us, these submissions go to the root of the merits of the case of the plaintiff and substantive reliefs prayed.