1. The present Civil Miscellaneous Appeal has been filed by M/s.Energo Engineering Projects Ltd., rep. by its Senior Vice President, Mr. Randhir Grover, NTPL Power Plant, Thoothukudi, challenging the impugned order passed by the learned District Court, Thoothukudi, in I.A.No.392 of 2012 in AROP.No.470 of 2012 dated 27.11.2012.

2. The controversy before this Court is when the 2nd respondent, Neyveli Tamil Nadu Power Limited, (hereinafter referred to as NTPL), Thoothukudi, has given a contract in respect of erection/construction of Thermal Power Plant to the appellant, in turn the appellant has given sub contract to the 1st respondent/Sri Aishwarya Constructions, Neyveli. During the execution of the work by the 1st respondent, there was a failure of one of the rafts. In view of that, the 1st respondent was directed to go for core cutting test. In the meantime, the 1st respondent has also submitted payment of bills of which a sum of Rs.16,35,000/- alone was paid. The two number of batching plants were procured by the 1st respondent for which the 1st respondent incurred a cost of Rs.40 lakhs. Complaining that there was a delay in payment of bills, problems were cropped up bet