THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA JUDGMENT: (Per Hon’ble Smt. Justice Tirumala Devi Eada)

This is an appeal filed by the appellant – plaintiff, being aggrieved by the judgment and decree, dated 18.11.2004 passed in O.S.No.04 of 2001 by the learned I Additional District Judge at Karimnagar (for short “the trial Court”).

2. The parties are addressed herein as they were arrayed in the suit before the trial Court for the sake of convenience and clarity.

3. The case of the plaintiff before the trial Court is that the plaintiff company is engaged in mining industry and it involves exploration, excavation, extracting and winning of coal. The defendant is a contractor and he was entrusted with the work of blast, hole drilling and earth work excavation of various rocks/earth cutting, loading, transportation, dumping etc., by using machines as per the scope of work at Ramagundam Open Cast Project-II. The order was placed on the defendant on 15.09.1998. As per the said order, the defendant executed 89% of the work worth 88.84 L.B.Cubic Meters and stopped the work on

31.07.1999 and the final bill was settled for a volume of 90.68 L.B.Cu