( 1 ) THIS appeal was filed against order No. 8, dated May 3, 2003 and no. 11, dated May 26, 2003 passed by trial court in the suit itself.

( 2 ) HEARD Mr. Dasgupta, learned counsel for the appellant and Mr. Bhaskar Gupta, learned counsel for the respondent.

( 3 ) RELEVANT facts are that opposite petitioner is a company formed under the laws of Malaysia and is basically a foreign company which obtained all requisites licenses and acquired a registered office in India at new Delhi and obtained necessary permissions for marketing of work in India. The petitioner company obtained the work of construction of a portion of National highway No. 6 for widening of the existing road to 4/6 lanes and strengthening of existing two lanes carriage way thereof. Necessary agreement for the said purpose was signed between the appellant company and National Highway Authority of India on 20th april, 2001.

( 4 ) ON being approached by the plaintiff respondent submitting a quotation, some work was entrusted to the respondent. According to the appellant after the work of the plaintiff respondent was completed, joint measurement was taken and bill was ultimately finalise