HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL NOs.12 OF 2006 AND 33 OF 2011 COMMON JUDGMENT: (per Hon’ble Smt. Justice Tirumala Devi Eada)

These two appeals are filed by the appellant(s) aggrieved by the judgment and decree dated 30.07.2005 passed in O.S.No.447 of 2000 by the learned X Additional Chief Judge, City Civil Court, Hyderabad (hereinafter referred to as ‘the trial Court’).

2. For convenience and clarity, the parties herein are referred to as they were arrayed before the trial Court.

3. The case of the plaintiff before the trial Court is that the plaintiff is a company engaged in fabrication and erection of structural works in the industrial units and it has its registered office at Chandanagar, Hyderabad. The plaintiff company offered to execute the contract work of fabrication and erection of structural steel work at NTPC site, Simhadri on tonnage rate basis and that the defendant No.1 company has accepted the same and entrusted the work. While executing the said work, the plaintiff has experienced hardships and the same was communicated to defendant No.1 and that there were onerous job requirements to be per