JUDGMENT :

A.S. Chandurkar, J.

1. The appellants are the original defendants who are aggrieved by the decree passed in Special Civil Suit No.99/2009 on 10.04.2012 whereby the suit for recovery of the losses suffered by the plaintiff on account of breach of the contract has been partly decreed and the defendants have been directed to pay an amount of Rs.2,16,53,217.36 with interest @9% per annum from the date of filing of the suit till realisation of the decreetal amount.

2. The facts relevant for deciding the appeal as can be gathered from the pleadings of the parties are being referred to. The parties are described as per their status in the trial Court. According to the plaintiff, it is a partnership firm engaged in undertaking contracts of civil and electrical works. The firm is registered as Class-I contractor with the Public Works Department of the State of Maharashtra and claims to be an expert in undertaking construction and road works. In 2002 the first defendant -Maharashtra Industrial Development Corporation (MIDC) issued a tender notice calling bids for the proposed construction of roads with surface dressing at Transport Nagar, Akola Industrial area. The plaintiff submitte