JUDGMENT :

1. The present appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’) was filed by State of Gujarat through Home Department with Gujarat Small Industries Corporation Ltd. as appellant No.2, challenging the judgment and decree dated 13.12.2005, passed by the Presiding Officer, Fast Track Court, Rajkot in Regular Civil Appeal No.43 of 2005. By the impugned judgment, the learned Judge, dismissed the appeal and confirmed the order dated 05.09.2000 passed by learned 5th Joint Civil Judge (S.D.), Rajkot in Civil Suit No.217 of 1988, and allowed the Cross Objections filed by the respondent, M/s.Regal Scale Industries – original plaintiff. The plaintiff's decretal amount for Rs.1,89,317.51/- was ordered to be recovered from the present appellants – original defendants with 22.25% compound interest with monthly interest (after 30 days expiry period from date of delivery i.e., 11.11.1983 and 05.02.1984). The rest of the judgment and decree was confirmed.

1.1 The ground inter alia raised are that the appellate Court had no jurisdiction to entertain the suit, and further ground was raised that the Interest On Delayed Payments to Small Scale And Ancillary In