Monjula Bose, J. - (1.) The present application is by the plaintiff in this suit who seeks to vary or modify a report of the Special Referee dated October 11, 1977 made herein by enhancing the amount of damages as determined by the Learned Referee.
(2.) The facts leading to this application are shortly as follows:-- The plaintiff was appointed the Handling and Transport Contractors for loading, unloading and transport of foodgrains at the defendant's two specified godowns for a period of two years from March 7, 1969 to March 6, 1971. Under the terms contained in the tender, no definite volume of work was guaranteed but the defendant undertook to pay to the Contractor during the subsistence of the contract a minimum amount per month the quantum of which was not specified. The defendant also had a right to terminate the contract at any time without assigning any reason therefor on 30 days' notice to the Contractor without being liable to pay any compensation to the plaintiff for such termination.
(3.) Upto May 29, 1970 the total value of the work allotted to the plaintiff was Rs. 10,60,746.69. Thereafter, no further work was allotted during the entire unexpired period of contract which however was not terminated by the defendant. In the suit the plaintiff claimed damages of Rs. 68,696.78 as loss of profits for the unexpired term of the contract on the basis of 10% of the amount of bills paid and in the alternative at the rate of Rs. 7,500/- per month on the basis of minimum remuneration. He also claimed an enquiry into damages.;