JUDGMENT

YOGESHWAR DAYAL, J.:—These are two appeals being Nos. 4611 of 1992 and 4612 of 1992 filed by M/s. Bihar Supply Syndicate, plaintiff in the suit and United Salt Works and Industries Ltd., defendant No. 3 in the suit respectively, against the judgment of the High Court of Bombay dated 16th and 17th January, 1992.

2. By the impugned judgment the Division Bench of the High Court, on an appeal, by the National Insurance Company Limited, defendant No. 4 in the suit, accepted the appeal against the judgment and decree dated 30th September, 1987 passed by the single Judge in Suit No. 641 of 1973 and dismissed the suit decreed by the single Judge against it and defendants Nos. 1, 2 and 3.

3. The single Judge had passed a decree for a sum of Rs. 10,49,750/- in favour of the plaintiff/ appellant in Civil Appeal No. 4611 of 1992, along with interest on Rs. 9,50,000,/- at the rate of 12 per annum from 17th June, 1973 till realisation and costs of the suit.

4. The facts giving rise to the filing of Civil Appeal No. 4611 of 1992 filed by the plaintiff may be noticed.

5. The plaintiff/ appellant is a partnership concern carrying on business as dealers in salt. Defendant No. 1, M/s. Asiatic N