YOGESH KHANNA, J.

1. This suit is for recovery of money of Rs.1,16,38,850/- along with interest pendentlite @ 18% per annum.

2. The brief facts of the case as alleged in plaint are:

(a) the plaintiff is a registered trust under the Trust Act and has been formed for the purpose of bringing world class and cost effective learning to individuals through internet at their door steps. The defendant is State Open University established by the Government of State of Karnataka under Karnataka State Open University Act, 1994, which was established to advance and disseminate learning and knowledge by a diversity of means, including the use of any communication technology to provide opportunities for higher education to the population, generally through distance education system;

(b) for advancement of its aims and objects, the defendant approached the plaintiff trust to impart various programmes through CD-ROM, internet, counseling, on-line chatting with faculty, practicals and assignments to the students through the support centers created by the plaintiff trust all over the country and thus sought services and facilities of the plaintiff trust and they both initially entered into a c