Mukul Mudgal, J.

1. Admit. With the consent of the learned Counsel for the parties, the appeals have been taken up for final hearing.

2. The appellant, M/s. Bright Star Hotels Pvt. Ltd., has challenged the order dated 22nd August, 2003 passed by the learned Single Judge in RFA(OS) No. 04/2008 and the order of the learned Single Judge dated 24th August, 2007 passed in FAO (OS) No. 72/2008.

3. The facts of the case briefly stated are as follows:

a. The appellant are the promoters of a hotel namely "The Bristol", located at 108-110, Sikandarpur, Main Gurgaon Faridabad Road, Haryana and had engaged the services of the Respondent, for purposes of installing, erecting and commissioning of an Air-conditioning system for their hotel at Gurgaon.

b. A work order dated 29th June, 1995 was placed on the respondent for a value of Rs. 19,59,362/-.

c. Although the scope of work remained the same, the value of the contract was subsequently enhanced to Rs. 69,13,967.94. On execution of the said work, the respondent raised the total bills for a sum of Rs. 69,13,967.94 out of which, the appellants made payment of Rs. 39,69,595. A discount at the rate of 2% on running account bills amounting