ORAL JUDGMENT

1. These Regular Second Appeals are arising out of a common judgment and decree dated 26.03.2013 passed in Regular Appeal Nos.136 of 2011 and 198 of 2011 by the learned Presiding officer, Fast Track Court-II, Hassan.

2. For convenience, the parties are referred to based on their rankings before the Trial Court. The appellants were the defendants, and the respondent was the plaintiff.

3. Brief facts, leading rise to the filing of these appeals are as follows:

4. The plaintiff initially filed a suit against the defendants for recovery of a sum of ₹3,00,000/- and subsequently, the plaint was amended from time to time and sought for recovery of a sum of ₹39,82,668/- with a direction to reimburse the Earnest Money Deposit, security deposit, Ramp EMD deposit and illegally recovered amount with interest at the rate of 24% + 2% from 01.03.1990 till the realisation.

5. It is the case of the plaintiff that the plaintiff is a Class I Public Works Department contractor. During the month of October 1987, the defendants invited a tender from the eligible contractors for doing earth excavation work and embankment from chainage 12,000 meters to 12,900 meters of HRBHLC division (Hemavath