APHC010806422015 2026:APHC:1109 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3367]

(Special Original Jurisdiction)

MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE V SRINIVAS APPEAL SUIT NO: 876/2015 Between:

1. WIRELESS TT INFO SERVICES LTD.,, REP. BY ITS NATIONAL HEAD, VIOM TOWERS, PLOT NO.I4A, SECTOR-18, MARUTHI INDUSTRIAL COMPLEX, GURGAON - 122 015.

2. WIRELESS TT INFO SERVICES LTD.,, REP. BY ITS CIRCLE HEAD, A.P.STATE, GOWRA PLAZA, 1-8-304- 307/308/444, 4TH FLOOR, SARDAR PATEL ROAD, BEGUMPET, SECUNDERABAD. (PRESENTLY KNOWN AS "VIOM NETWORKS LIMITED" BY VIRTUE OF FRESH CERTIFICATE OF INCORPORATION CONSEQUENT UPON CHANGE OF NAME, DATED 10-08-2010)

...APPELLANT(S)

AND RADHA KRISHNA CIVIL ELECTRICAL CONTRACTORS, Rep. by its proprietor Maganti Kiran, S/o.Ramakrishna Prasad, Hindu, 36 years, Business, T-3, Shivashakt; Enclave, Pragathi Marg, JN Road, Rajahmundry, ...RESPONDENT to set aside the impugned judgment and decree passed by the learned IXth ADDITIONAL DISTRICT JUDGE : WEST GODAVARI : AT KOWUR in 0.S.No.14/2013 dt.12-08-2015 by dismissing the suit against these appellants/defendants and allowing the appeal in the interest of justice by awarding costs throughout and pass IA NO: 1 OF 2015(ASMP 2525 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit Sri A.R.Subba Rao, Manager-Legal to represent in the above appeal on behalf of the petitioner/appellant company in the interest of justice and equity and to pass IA NO: 2 OF 2015(ASMP 2589 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of operation of the decree and Judgment in O.S.No.14/2013 on the file of the learned IX Additional district judge : west godavari : at kovvur dt.12.08.2015 including execution proceedings if any as well as all the consequential proceedings arising pursuant to the said decree and judgment IA NO: 1 OF 2016(ASMP 1274 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim stay granted in ASMP No.2589/2015 in AS No.876/2015 dated 14.12.2015 Counsel for the Appellant(S):

GHANTA SRIDHAR Counsel for the Respondent:

N SIVA REDDY The Court made the following:

THE HON’BLE SRI JUSTICE V.SRINIVAS APPEAL SUIT No.876 of 2015

JUDGMENT:

This regular appeal under Section 96 Code of Civil Procedure (hereinafter referred to as ‘CPC’) is directed against the decree and judgment in O.S.No.14 of 2013 dated 12.08.2015 on the file of the Court of learned IX Additional District Judge, West Godavari at Kovvur.

2. The defendants, before the Trial Court, are the appellants herein. The respondent herein is the plaintiff.

3. The respondent herein instituted the suit against the appellants for recovery of an amount of Rs.11,53,587/- with interest @ 18% per annum and for costs.

4. Before adverting the material and evidence on record and nature of findings in the judgment of the Trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.

5. For the sake of convenience, the parties hereinafter referred to as they arrayed before the Trial Court.

6. The case of the plaintiff in brief in the plaint was as follows:

i). Since 2008, in and around East Godavari District, the plaintiff Company has been doing Civil and Electrical works for the defendant No.2, which is under the control of defendant No.1. On 12.12.2009, the defendant No.2, entrusted the work to the plaintiff at Malakapalli site in West Godavari District to carryout civil and electrical works for the defendant No.2.

ii). While the work was in progress, the staff of the defendant No.2 visited the spot and prepared RFI Check list dated 25.01.2010 and furnished a copy of the same t