ORDER:

Shree Chandrashekhar, J.

The judgment in Original Suit No. 7 of 2017 passed by the Commercial Court at Dhanbad has been challenged by M/s INDICON Westfalia Limited (in short, defendant-company) by filing the present commercial appeal under section 13(1-A) of the Commercial Courts Act, 2015.

2. Original Suit No. 7 of 2017 was instituted for a money decree for Rs.1,77,39,940.96/- including taxes and interest @ 12% per annum w.e.f 1st January 2014. In the suit the plaintiff has examined himself as PW1 and laid in evidence work order vide Exhibit-1, amended work order vide Exhibit-2 and running bills and letter dated 23rd September 2013 to claim a money decree. Arindam Dutta who was the authorised signatory of the defendant-company was examined as DW1 and he has proved 20 documents including general and special conditions of contract, work order no. BW/KPO/002907/481/12-13/000681, original MOM dated 19th September 2012 etc. to resist the money claim made by the plaintiff, and to support the counter-claim to the tune of Rs. 31,19,727/-.

3. The plaintiff who is the respondent before us has pleaded that a work order dated 1st November 2012 was issued for execution of civil foundation w