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1979 Supreme(Mad) 233

RAMAPRASADA RAO, RATNAM
J. R. Sayani – Appellant
Versus
Bright Brothers Pvt. Ltd. , Bombay – Respondent


Advocates:
D. Thilokchand Chopda and D. Madanchand Chopda, for Appellant; V. Srinivasan, for Respondent.

Judgement

RAMAPRASADA RAO, C.J. :- This Letters Patent Appeal is directed against the judgement of Ismail, J. now reported in Bright Brothers Ltd. v. J.K. Sayani, AIR 1976 Mad 55. The plaintiff in O.S. No. 4905 of 1968, on the file of the City Civil Court, Madras, is the appellant before us. The plaintiff-appellant entered into arrangement with the defendants-respondents under which the plaintiff appellant became the sole selling agents of the respondents with regard to a specified area. It is admitted that the said arrangement did not prescribe any particular period during which the said agency should be in vogue. The plaintiff was purchasing the goods from the respondents from time to time as well as booking orders for the sale of the respondents' goods. A commission of 6.1/2 per cent was to be paid by the respondents to the appellant in respect of such dealings. An extra commission of 1.1/2 per cent was also provided for in certain circumstances. Under Ex. A.44, dated 27-2-1964, though there were certain modifications regarding the percentage of commission and the circumstances under which such entitlement

as to commission by the appellant could be claimed, there was no further ma



















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