Najmi Waziri, J. - (1.)This first appeal seeks setting aside of the impugned order dated 06.05.2005 insofar as the appellant's suit bearing No. 105-95-04 has been partly decreed.
(2.)For the sake of convenience, the appellant and the respondent are referred to as the plaintiff and the defendant respectively, as mentioned in the suit.
(3.)The plaintiff, a partnership firm, had upon a successful tender bid, been asked by the defendant to supply Bhuna Chana (roasted gram) and Murmura (roasted rice) at the rate of Rs.14 per Kg. and Rs.11 per Kg. respectively. The conditions were mentioned in the Hand Bill supplied by the defendant to the plaintiff. Upon individual orders being placed, the supply was to be made from 13th June to 31st October, 1991 to various Integrated Child Development Schemes (ICDS) Projects being run by the defendant. The plaintiff had deposited a security amount of Rs. 4 lacs. The arrangement went into dispute and the plaintiff stopped taking supplies on the basis of a decision taken by the government. The plaintiff sought payment of arrears for supplies of goods received by the defendant/government. It also sought return of the security amount alongwith interest @ 18% per annum. However, in the impugned order, the claim for payment for the supplies was dismissed but decreed only the said security amount to be returned to the plaintiff alongwith interest @ of 6% per annum from 01.01.1995 till realization.