(1.) The appellant-defendant has preferred the First Appeal against judgment and decree passed in Money Suit No.51 of 1998 whereby the suit has been decreed for a sum of Rs.32,78,664.00 pendente lite and future interest at the rate of 18% per annum.
(2.) The plaintiffs.. case is that it is a partnership firm in transportation business, was engaged by defendant Company for transportation of Hard Coke from F.C.I., Sindri to Jamshedpur by Work Order No. RMPO/11/93/730956 dtd. 12/11/1993 for transportation of 6000 metric ton of Hard Coke per month at the rate of 232 per ton for the period of one year commencing from 1/10/1993 to 30/9/1994.
(3.) The terms and conditions of the contract inter alia provided as under:-