JUDGMENT

Dr. ARIJIT PASAYAT, J.

1.These two appeals have a common matrix. The Food Corporation of India and Others are the appellants in Civil Appeal No. 7440 of 2000 while the respondent in the said appeal is the appellant in the other appeal i.e. Civil appeal No. 2540 of 2002. Parties in this judgment are described as per Civil Appeal No.7440 of 2000.

2.Challenge in these appeals is to the judgment of a Division Bench of the Gujarat High Court holding that the suit filed by plaintiff (respondent) was to be partly decreed for recovery of Rs.68,02,973/- from the defendants i.e. present appellants together with pendente lite and future interest at the rate of 6% per annum with appropriate cost throughout. It is to be noted that the respondent had filed a suit (Civil Suit No. 6040 of 1994)before learned City Civil Judge Ahmedabad for injunction restraining the appellant No.1-Corporation and its functionaries from recovering and/or withholding any amount from the bills of the respondent herein and also for a declaration that action of appellant No.1-Corporation in recovering various amounts without deciding the rates for extra work was bad in law and for directing the appellant-Cor