- (1.) This is an appeal directed by plaintiff-appellants against the judgment and decree dated 8.12.2009 passed by Sh. Sumeet Malhotra, Additional District Judge, Patiala, vide which the judgment and decree dated 6.12.2005 passed by Sh. M.P.S. Pahwa, Civil Judge (Senior Division), Patiala, was upheld.
(2.) The plaintiffs filed a suit for recovery of Rs.5,56,941/- on the ground that plaintiff-firm is registered under Small Scale Industries Unit under the Industries Department of Government of Bihar and are manufacturers of AAC/ACSR conductor of various sizes and supply the same to the defendants. Defendant No.1 is a corporate body and defendants No.2 to 5 are its officers. The plaintiff firm participated in tender vide its letters dated 8.7.1988 and 1.10.1988 invited by defendant No.1. The tender of plaintiffs was accepted and an order of acceptance through telegram and post confirmation letter dated 14.10.1988 and 21.10.1988 was sent for supply of 250 KM ACSR squirrel conductor ISI marked. The plaintiffs supplied 42.378 KM of conductors. Within stipulated period the remaining goods were not accepted by the defendants. As per cost variation the defendants are liable to pay for the remaining material of 254.992 KM @ Rs.303.98 per KM and they are liable to refund the security of Rs. 7,390/-. They are also entitled to interest @ 21% per annum w.e.f. 21.2.1989 being the date of payment of the updated price to 23.9.1992 yearly compoundable and thereafter they are liable to pay interest @ 22.66% plus 5% per annum compounded monthly as per the delayed payments to Small Scale and Ancillary Industrial Undertakings Act.
(3.) The suit was resisted by the defendants. The trial Court framed the following issues:- 1) Whether the plaintiff is entitled to recover the suit amount? OPP 2) Whether the plaintiff is entitled to the declaration as prayed for? 3) Relief.;