1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. SECOND APPEAL No. 388/2010. Western Coalfields Ltd. VERSUS M/s. B.P. Gupta ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. CORAM : R.M.SAVANT, J. DATED : 18.01.2011. Heard Shri M. Anilkumar, the learned Counsel for the appellant and Shri M.K. Kulkarni, the learned Counsel for the respondent. The above Second Appeal is filed challenging the judgment and decree dated 16.04.2010 passed in Regular Civil Appeal No. 79/2006, by which the judgment and decree passed by the trial Court in favour of the respondent herein, came to be confirmed. The respondent is a contractor, who was awarded the contract pursuant to acceptance of his tender for the work of loading of washed P.B. And O.B. Dumps of DOC and O.B. Dumps of POC and transportation of unloading of 2 said material at DRC-4. The respondent was the lowest tenderer. In terms of the contract entered into between the appellant and the respondent, the respondent was entitled to raise running bills in respect of the works carried out by him under the said contract. The respondent has filed the suit bearing Special Civil Suit No.14/2002, which came to be decreed in respect of the amounts of the said two running bills, totaling to Rs. 1,21,604.37 with interest @ Rs. 12% p.a. from the suit till its realization. The said running bills were submitted by the respondent with the necessary extract of the measurement of work done. The Appellate Court on appreciation of the material on record has confirmed the said decree. Both the Courts below have therefore, concurrently held that the respondent / plaintiff is entitled to the suit amount of Rs.1,21,604.37. In my view, no substantial question of law arises for consideration in the above Second Appeal, which is accordingly dismissed. No costs. JUDGE Rgd