1. By this common judgment I shall dispose of these two appeals between the same parties. RFA 669/2003 is directed against the judgment and decree dated 24.5.2003 whereby a decree for recovery of Rs.488664/- with cost and pendente lite and future interest at the rate of 18% per annum, was passed in favour of respondent and against the appellants whereas RFA 373/2004 is directed against the judgment and decree dated 15.3.2001 whereby a decree under Order XXXVII of the Code of Civil Procedure for recovery of Rs.3,85,000/- with cost and pendente lite and future interest at the rate of 18% per annum was passed in favour of the respondent and against the appellants and Order dated 24.5.2002 whereby the application of the appellants under Order XXXVII Rule 3(7) of the Code of Civil Procedure read with Rule 4 thereof was dismissed.

2. The facts giving rise to the filing of these appeals can be summarized as under:

The respondent/plaintiff who is the proprietor of the Design Build Consortium, entered into an agreement with the appellants/defendants for interior designing and decoration of their office premises at 29A, Kalu Sarai, New Delhi and Vashist House Basement, 7/3, Begump