DEBANGSU BASAK, J. - (1.) The claim of the parties revolves around a contract for supply and erection of a Raw Water Intake System. According to the plaintiff, it had executed additional work beyond the scope of the contract. It has also suffered damages. The defendant denies the claims of the plaintiff. According to the defendant, the plaintiff did not discharge its obligations under the contract. Consequently the defendant had to complete the contract through a third party. The plaintiff is liable to pay for the additional costs incurred by the defendant. The defendant had overpaid the plaintiff. The defendant seeks recovery of the same from the plaintiff by way of a counterclaim.
(2.) By an order dated October 31, 2014 the issues in the suit were settled. They are as follows: - 1. Whether the suit as against the defendant or the Counter claim of the defendant as against the plaintiff maintainable ? 2. Whether the claim of the plaintiff or the Counter claim of the defendant is barred by limitation ? 3. Whether the plaintiff is entitled to a sum of Rs.6,79,93,838.00 or any part thereof as claimed for in the plaint ? 4. Whether the plaintiff is entitled to any interest on the amount as claimed for in the plaint ? 5. What is the total amount paid by the defendant to the plaintiff ?
(3.) In the course of hearing an additional issue as to "whether the defendant is entitled to any amount by way of Counter claim - has been suggested.;