ENGINEERS COMBINE Vs. NOVA DHATU UDYOG LTD

JUDGEMENT

(1.) THE appellants herein are the plaintiff in Special Civil Suit No.52/1991 and they have filed the present appeal against the Judgment and Decree dated 19 2 1997 of the learned Civil Judge, Sr. Division, Quepem , dismissing the said suit.

(2.) BRIEFLY stated, it was the case of the plaintiffs that theirs was a registered firm and defendant No.1 ('the defendant' for short) was a company which approached the plaintiffs to carry out test piling and regular piling work at their pig iron plant at Village Assolda and in response to the said letter dated 21 10 1991, the plaintiff had submitted their quotation on 23 10 1991, setting out certain terms and conditions and by letter of 24 10 1991, the plaintiffs had informed the defendant about their experience for 15 years in similar works and the defendant by their letter dated 26 10 1991 awarded to the plaintiffs the said work and somewhere on or about 18 11 1991, the plaintiffs moved its plant and machinery to the defendant's site in order to commence the work and whenever the work was completed, joint statements were prepared and signed by the representatives of the plaintiffs and the defendant.

(3.) THE plaintiffs stated that after completion of the part of the work, the plaintiffs submitted two running bills to the defendant, the first dated 5 12 1991 for Rs.1 ,28,851.50 and the second dated 20 12 1991 for Rs.2,55,239.50. The plaintiffs stated that the second bill shows the total amount due after taking into account the payment of Rs.70,000/ , but the said bills did not cover the entire amount due to the plaintiffs by the defendant.