R.BANUMATHI, M.VENUGOPAL
Gomathy Shankar Transports, Rep. By its Proprietor, Mr. S. Mohan – Appellant
Versus
State of Karnataka, Rep. By its Secretary, Public Works Department, Secretariat, Bangalore – Respondent
M. VENUGOPAL, J.
The Appellant/Plaintiff has preferred this appeal as against the Judgment and Decree dated 09.12.2002 in O.S.No.1100 of 1996 passed by the learned VII Additional Judge, City Civil Court, Chennai.
2. The Appellant/Plaintiff in the main suit had prayed for passing of a Judgment against the Respondents/Defendants in directing them to pay the Appellant/Plaintiff a sum of Rs.7,70,957.06/-along with interest at 24% p.a. on the principal sum of Rs.4,46,957.06/-from the date of plaint till the date of realisation in full with costs.
3. On the basis of the pleadings, the Trial Court framed in all six issues. On the side of the Appellant/Plaintiff, witness P.W.1 was examined and Exs.A1 to A25 were marked. On the side of the Respondents/Defendants, D.Ws.1 and 2 were examined and Exs.B1 to B3 were marked.
4. Onan appreciation of oral and documentary evidence available on record, the trial Court while passing the Judgment had among other things opined that 'the Appellant/Plaintiff was not entitled to claim the transportation charges of Rs.4,46,957.06/- along with interest Rs.3,24,000/- and further that as per Ex.B1 Agreement dated 24.10.1990, the contract was only be
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