JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present First Appeal is filed under Section 96 of the CIVIL PROCEDURE CODE , 1908 read with Section 41 of the CPC at the instance of the appellants – State Authorities being aggrieved and dissatisfied with the judgment and decree dated 17.02.2000 passed by the learned Civil Judge, Valsad (herein after referred to as “the trial court”) in Special Civil Suit No. 159 of 1991, whereby, the learned Judge partly allowed the suit and directed the appellants to pay Rs.11,04,435/- to the respondent herein with 15% interest from the date of the suit till realization of the decreetal amount.

2. Brief facts leading to the present appeal are as under :-

2.1 The respondent was an engineer and Contractor and was registered with the Public works Department and also approved by various other department of the Government and carrying on his business of Contractor in the name of M/s. Gayatri Construction Co. It is the case of the appellant that the Executive Engineer, Navsari (R&B) division, Navsari, had invited tendors publicly on behalf of the Govt. of Gujarat, appellant herein for the work of constructing Regional Training Centre at Vansada and accordingly