GUJARAT HIGH COURT
AKIL KURESHI, SONIA GOKANI, JJ
CHAIRMAN/ SECRETARY – Appellant
Versus
NARANPURA MAZDOOR KAMDAR SAHKARI Mandli LTD – Respondent
| Table of Content |
|---|
| 1. first appeal from a trial court judgment. (Para 1 , 2) |
| 2. factual background of the case. (Para 3) |
| 3. court's decision being appealed. (Para 4 , 5) |
| 4. plaintiff's arguments supporting the claim. (Para 7) |
| 5. burden of proof principles. (Para 12 , 13 , 14 , 15) |
| 6. issues related to delays and contractual obligations. (Para 24) |
| 7. claims for additional work and their sustainability. (Para 26 , 27) |
| 8. final ruling and claims allowed. (Para 30 , 31) |
JUDGEMENT
(PER : HONOURABLE MS JUSTICE SONIA GOKANI)
1. This First Appeal arises from the judgment and order dated 9.5.2013 passed by learned 7th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.380 of 1990, whereby the Court directed the appellant Gujarat State Warehousing Corporation to pay sum of Rs.41,28,774/- (Rupees forty one lakhs twenty eight thousand seven hundred seventy four only) to the respondent with interest at the rate of 12% per annum from the date of filing of the suit till realization of the amount with cost. This judgment and decree has aggrieved the appellant and, therefore, this appeal.
2. In the present appeal, the appellant and respondent shall be addressed respectivel
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