SOUMEN SEN,J. - (1.) THE plaintiff has filed the suit on July 27, 1990 for recovery of sum of Rs.6,87,222.37p. from the defendant on account of commission charges.
(2.) THE plaintiff was appointed in the year 1981 by the defendant as distributor for sale of different kinds of seeds for the territory of West Bengal on, inter alia, the following terms and conditions:- a) The plaintiff would keep in deposit with the defendant Rs.5,000/- as security to be returned by the latter on termination of the distributorship, with interest at the rate of 10 per cent per annum. b) The plaintiff would procure orders sell the said goods to the dealers appointed by the defendant at the rates and on the terms to be specified by the defendant. c) The plaintiff would be entitled to a commission on the sale proceeds of the said goods at the rates varying from 2 1/2 per cent to 4 ¼ per cent payable by the defendant on or after 30th June every year. d) The plaintiff would cause of the said goods to be delivered from the godown of the defendant at Calcutta. In terms of the aforesaid agreement, the plaintiff deposited a sum of Rs.5,000/- as security money. The plaintiff since September, 1981 until June 30, 1990 acted as distributor of the defendant and during that period procured orders for sale of the said goods and sold the same to the dealers appointed by the defendant at diverse places. The plaintiff contended that the plaintiff had discharged its duties and obligations under the said agreement and became entitled to agreed commission on the sale proceeds of the said goods at the rates varying from 2 1/2 to 4 ¼ per cent. The defendant from time to time had paid some commission and after giving credit for all the payments received as on June 30, 1990 a sum of Rs.5,29,050,97 p. remained due and payable by the defendant to the plaintiff as the balance of the agreed commission. The plaintiff contended that the plaintiff is entitled to interest at the rate of 18 per cent per annum on the said amounts of commission from the respective dates when such commission became payable and had relied upon Schedule "A" and Schedule "B" of the Plaint to show that a sum of Rs.6,87,222.37p. became due and payable along with interest so calculated as on 30th June, 1990. In spite of repeated demands, requests and reminders the defendant has failed, neglected and refused to pay the aforesaid sum. In view thereof, the plaintiff filed this suit for recovery of a sum of Rs.6,87,222.37p. due and payable as on 30th June, 1990 along with interest.
(3.) THE defendant entered appearance and filed its written statement.;