JUDGMENT - D.J. MOHARIR, J.:---This appeal is directed against a money decree of Rs. 19,099/- passed against the defendants in a suit for recovery of his dues by a contractor engaged by the defendants.

2. The appellants-defendants is the Maharashtra State Electricity Board (hereinafter referred to as the M.S.E.B.) and the second defendant is its Assitant Controller of Stores at Nasik Road. The defendant called for tenders under a tender notice dated 28th August 1971 pertaining to a transporting contract to be given for the year 1972 for its Nasik region. The contract to be given was for clearing, unloading, loading, transporting and stacking of equipments and material of all description and types including heavy machinery received by the Stores of the Defendant at Dhule through Railways, booked in wagons or in small bogies and through road transport to their Store centre as also from Store Centre to the railway station as would be directed by the officer in charge of the stores centre concerned. The respondent-plaintiff who was one of the persons who submitted his tenders in this behalf and the same was accepted as per Exhibit 119. A letter of indemnity was also issued on 3rd Janua

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