- (1.) THIS suit was instituted on July 20th, 1987 seeking a decree against the defendant for Rs. 17,64,908. 96 with interest at the rate of 18% per annum.
(2.) THE plaintiff has alleged that the defendant failed and neglected to pay a sum of Rs. 8,22,808. 17 handling agency commission claiming which twenty-two bills bearing dates falling between November 15th, 1980 and september 7th, 1981 were submitted by it to the defendant. Its case is that having handled and stored materials on behalf of the defendant during the period from November, 1980 to September, 1981, it became entitled to get the commission. It has been claimed that the contents of the defendant's letters dated September 26th, 1980, March 31st, 1982 and August 14th, 1985 amounted to due acknowledgment of liability made in writing by the defendant in respect of the plaintiffs right to get the claimed amount, and hence no part of the claim is barred by limitation.
(3.) THE defendant entered appearance and filed its written statement on June 13th, 1988. Its Advocate-on-record made the endorsements that it was not making any claim by way of a set-off or a counter claim.;