JUDGMENT - V.A. MOHTA, J.:---This jugment will govern disposal of First Appeal No. 170 of 1983 and 172 of 1983.

Maharashtra State Electricity Board and its Senior Power Station Superintendent, Paras, (original defendant Nos. 1 and 2 respectively,) have filed First Appeal No. 170 of 1983 against the judgment and decree for recovery of a sum of R. 5,78,250/- alongwith interest @ 6% P.A. as damages on account of breach of contract passed in favour of M/s. National Transport company, a registered partnership firm (Original plaintiff). First Appeal No. 172/1983 is plaintiff's appeal against reduction of claim for damages.

2. The substance of the case of the plaintiff is:

The plaintiff is a dealer in coal as and had dealings in the said goods with the defendants in 1975. In pursuance if invitation of tenders on behalf of the defendants for purchase of wet coal ash for the subsequent period between 29-5-1976 and 28-5-1977, the plaintiff and 16 others submitted tenders which were opened on 25-3-1976. The plaintiffs tender at the rate of Rs. 4.95 per Cmt. was accepted and work order was issued on 26-5-1976, according to which the plaintiff lifted 151 trucks of coal on 29-5-1976 and paid the

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