The judgment and decree dated 17.05.2008 passed by the learned Civil Judge, Dibrugarh in Money Suit No. 4/1989 has been called in question in this appeal. By that judgment and decree, the learned trial Court decreed the suit for Rs. 1,81,743.69 alongwith interest @ 12% per annum. By filing this appeal, the appellant has claimed that the decreed amount is not sufficient and decree ought to have been passed for further sum of Rs. 2.5 crores against the defendants/respondents.

2. Plaintiff, M/s Sunita Transport Agency, a registered partnership firm instituted Money Suit No. 4/1989 on 20.01.1989 in the Court of the learned Assistant District Judge, Dibrugarh against Oil India Limited and its two functionaries stating that by contract dated 21.08.1986, signed between the plaintiff and the defendant No. 2, the defendant No. 1 company allotted job of collection and transportation of POL (HSD, LDO, Kerosene, etc) from the wells of the defendant No. 1 in Tinsukia in approved bowsers and to deliver and decant the same at the specified place of activities at Duliajan, Moran, Arunachal Pradesh and other oil wells sites for a period of one year from 01.09.1986 to 31.08.2987. The said contract was renewable for further period of one year mutually. Accordingly, contract was extended up to 31.08.1988 vide letter dated 29.01.1987 without change of the terms and conditions of the previous contract. According to the plaintiff, out of bill submitted by it for the aforesaid period, plaintiff was entitled to get Rs. 4,11,281.28 and out of it, a sum of Rs. 1,81,743.69 remained outstanding till date.

3. The defendants failed and neglected to pay the amount to the plaintiff details whereof was given in Schedule – 1 to the plaint. Apart from that, the defendants without terminating the contract with the plaintiff, discontinued service and rather awarded contract in question to IOL (AOD), Digboi to engage tank, lorry for carrying out the job. This, according to the plaintiff, amounted to breach of contract and so plaintiff was entitled to compensation.

4. The plaintiff served notice dated 28.10.1998 upon the defendants by Registered Post requesting them to make payment not only of Rs. 1,81,743.69 being the balance against outstanding bills and also a sum of Rs. 2.5 crores as compensation for loss and injuries caused against the plaintiff alongwith interest, etc. The defendants did not respond to the notice and so being compelled, suit was instituted by the plaintiff claiming for a decree of Rs.2,51,91,285.19 with future interest @ 18 % per annum calculated from the date of institution of the suit till realization and also for a direction of refund of FDR of Rs. 10,000/- pm Allahabad Bank which was deposited as security by the Plaintiff.

5. Upon institution of the aforesaid suit, notice was issued to the defendants. They appeared and submitted written statement jointly denying the case of the plaintiff in entirety. Rather the defendants stated that plaintiff was liable to make payment of liquidated damage of Rs. 1,40,400/- as mentioned in paragraph 6 of the written statement. After deduction of the liquidated damage, total amount payable to the plaintiff was only Rs.2,28,043.83 where from income tax at source amounting to Rs. 4,647/-w as also liable to be deducted. Upon making the deduction, balance amount was paid to the plaintiff and so nothing was due to be paid to the plaintiff. In regard to demand of the plaintiff for refund of the security deposit, it is stated in paragraph 10 of the written statement that FDR has already been released but the plaintiff did not collect the same from the office of the defendants.

6. The defendants denied any liability to make payment or any compensation and/or other amount and prayed that the suit be dismissed with special cost of Rs. 10,000/- to the defendants under Section 35 A of the Code of Civil Procedure, 1908. In Annexure – A of the written statement, defendants furnished statement of accounts to show