JUDGMENT :

Divyesh A. Joshi, J.

1. The appellant Gujarat electricity Corporation Limited is the original defendant and the respondent, Makol FEMW Works, a registered partnership firm is the original plaintiff in the main proceedings and for the sake of brevity and convenience they shall hereinafter be referred to as original defendants and plaintiffs.

2. The plaintiff firm has filed suit before the Court of learned Civil Judge, Senior Division, Surat, Camp at Bardoli, being Special Civil Suit No.17 of 1996 for recovery of Rs.67,97,426.29 ps. with running interest at the rate of 10% from the date of filing till its realisation with cost against the defendants. The said suit was allowed by the learned Joint Senior Civil Judge, Surat, Camp at Bardoli by judgement and degree dated 29.03.2001. Being aggrieved by and dissatisfied with the said judgement and order, present First Appeal is filed by the defendants by raising manifold grounds.

3. The facts leading to filing of present appeal can be summarised as under :-

3.1 The plaintiff is a registered firm having its office at Surat and do