This appeal is directed against the judgment and order dated 7.2.2014 wherein the appellant-defendant was directed to pay certain amounts claimed by the respondent-plaintiff. The facts that lead to the filing of the suit are as under.

The respondent-plaintiff for setting up a plant at Orgram in Burdwan, West Bengal required large quantities of cement for the construction of the plant. The appellant-defendant, a manufacturer of cement, negotiated with the respondent plaintiff for supply of cement and the correspondence between the parties indicate on what terms and conditions the supply of cement was agreed.

2. According to the respondent-plaintiff, till the completion of the supply of cement under the order, the price was agreed to be Rs. 1900/- (Rupees one thousand nine hundred) per metric tonne but according to the defendant, it was the price agreed for the supplies made till the end of January, 1998 provided, the orders were placed within November, 1997. According to the respondent plaintiff, after May, 1998 no cement was supplied by the defendant and on the other hand they demanded Rs. 2600/- (Rupees two thousand six hundred) per metric tonne which was outside the terms