Ramesh Ranganathan, J.

CCCA No.104 of 2002 has been filed by the A.P. Mineral Development Corporation Limited against the judgment and decree passed by the II Senior Civil Judge, City Civil Court, Hyderabad in O.S. No.496 of 1994 dated 22.02.2002. The appellant herein is the defendant in O.S.No.496 of 1994 filed by M/s. Pottem Brothers, Hyderabad seeking payment of Rs.39,49,657.23, future interest at 18% per annum from the date of the suit till realisation, and the costs of the suit.

C.C.C.A.No.138 of 2003 is filed by the Plaintiff in O.S.No.496 of 1994 aggrieved by the judgment and decree passed therein to the extent the Court below deducted an additional sum of Rs.30/- per metric tonne as expenditure incurred by the plaintiff for excavating the ore from the mine. Parties in these two appeals shall, hereinafter, be referred to as they are arrayed in O.S.No.496 of 1994.

In the plaint filed in O.S. No.496 of 1994, the plaintiff stated that an agreement was executed on 05.12.1992 for a period of two years effective from 16.12.1992 for raising-cum-sale of manganese ore; the agreement required them to raise a minimum 4500 metric tonnes of manganese ore in the first year,