( 1 ) THIS appeal under Section 96 of the Code of Civil Procedure is preferred by the appellants -original defendants of Special Civil Suit No. 2/1991 against the judgment and order dated 30. 9. 1995 passed by the ld. Civil Judge (S. D.), Porbandar whereby suit of the respondent -original plaintiff company has been decreed. Appellants are the original defendants and respondent is the original plaintiff and for the sake of convenience, they will be referred to hereinafter as defendants and plaintiff respectively. Ld. Civil Judge decreed the suit holding that the plaintiff is entitled to recover an amount of Rs. 37,17,548-00 from the defendants with running interest at the rate of 12% p. a. from the date of the suit till its realisation with costs of the suit.

( 2 ) TO appreciate the rival contentions raised by the ld. Senior counsel appearing for the parties, it would be appropriate to narrate the facts of the case in nutshell. 2. 1 it is the case of the plaintiff that plaintiff company namely Saurashtra Chemicals, Porbandar was provided with 2000 KVA High Tension Electric Connection as per the agreement and electricity meter was installed in the factory premises by th