This suit has been filed by the plaintiff for the recovery of a sum of Rs.34,42,490.95 from the defendant together with interest at the rate of 12% per annum from the date of suit till the date of realisation and for costs.

2. The averments made in the plaint filed by the plaintiff in brief are as follows:- The plaintiff is a Co-operative Sugar Mills Ltd., registered under the Tamil Nadu Cooperative Societies Act. In the year 1995-96, as the yield of Sugarcane was excessive and surplus, the Commissioner of Sugar took a decision to divert the surplus sugarcane available from Public Sector Co-operative Sugar Mills, to the private Sugar Mills with a view to avoid loss by the sugarcane growers. The plaintiff-mill also directed to have a talk with the sugarcane receiving mills in excess and to have a discussion, regarding the sending of excess sugarcane and receiving them for crushing. The plaintiff and the defendant agreed to have the price at the rate of Rs.485/-per metric tonne on tentative basis, which is subject to revision by the Government under the Sugarcane Control Order 1966. Any provision between parties not to implement the order of the Government, under clause 5-A