A.M.KHANWILKAR,J. - (1.) The present appeal arises out of the judgment and decree dated 1st September, 2009, passed by the High Court of Judicature at Bombay, Nagpur Bench, in First Appeal No.312 of 1992 whereby the High Court has partly modified the decree passed by the Trial Court and negatived Claim Nos.1 and 3 set up by the appellant.
(2.) The appellant, a partnership firm engaged in civil construction works, had submitted a tender for work pertaining to construction of one Nishanghat Minor Irrigation Tank in pursuance of a notice issued by respondent No.1 ­ State of Maharashtra. After the appellant's tender was approved and work order dated 21 st December, 1978 was issued by the State in favour of the appellant, the parties executed an agreement at Nagpur. After completion of the contract work on 16 th June, 1982, final bill was paid to the appellant on 22nd October, 1982, which the appellant disputed on the ground that it had performed extra work over and above the tendered work, for which payment was not included. Feeling aggrieved by the alleged shortfall in payment and unable to settle the dispute with the respondents, the appellant filed a suit against the respondents before the Court of 6th Joint Civil Judge (Senior Division), Nagpur being Special Civil Suit No.279 of 1985, inter alia seeking a decree for amounts due to it under the following heads of claim: a. Claim 1: Unpaid amounts arising out of difference in government-prescribed rates for work of excess stone revetment/pitching, amounting to Rs. 1,76,199.28/- b. Claim 2: Unpaid amounts for difference in rates relating to excavation work, amounting to Rs. 90,165/- c. Claim 3: Unpaid amounts for extra lead for water works, amounting to Rs. 80,000/- and d. Claim 4: Unpaid amounts for extra lead for sand, amounting to Rs. 9900/- In addition, the appellant also claimed interest on the claim amount, of Rs.1,42,505.60, calculated at 15% p.a. from 22nd October, 1982 till the date of filing the suit. With interest, the aggregate claim of the appellant was Rs. 4,98, 769.86/-.
(3.) Each of the above claims was specifically challenged by the respondents in their written statement. After considering the rival contentions and the evidence on record, the Trial Court passed a decree in favour of the appellant on 29th October, 1991, the operative part of which is reproduced hereinbelow: "ORDER 1] Suit is decreed with costs. 2] Defendants do pay Rs. 4,98,769.87 to the plaintiff. 3] The decreetal amount to carry future interest @ 15% per annum from the date of filing of the suit till its actual realization. 4] Decree be drawn accordingly." ;