The court emphasized the importance of upholding principles of natural justice and ensuring fair adjudication in disputes over pledged goods, and directed the petitioner to deposit the sale proceeds of the seeds with interest, considering the dispute over the pledged seeds and the lien claimed by the respondents.

ORDER :

VIBHU BAKHRU, J.

1. The petitioner has filed the present petition, inter alia, impugning an order dated 24.04.2019 (hereafter ‘the impugned order’) passed by the Learned ASJ, Rohini in CR No. 293/2018 captioned ‘Pramod Lohiya v. State and Anr.’, whereby the Learned ASJ had directed the petitioner to deposit a sum of Rs.1,50,96,000/-with interest on account of sale proceed of seeds that were released to the petitioner on superdari.

2. The petitioner is the managing director of M/S Gangotri Quality Seeds Private Limited (hereafter ‘Gangotri’), which deals in agricultural seeds. Respondent nos. 2 and 3 are the proprietors of M/s Srijee Agro Food and Srijee Agro Traders respectively. They are grain merchants and commission agents and have their godown in Libaspur, Delhi.

3. The petitioner states that he had purchased 8,000 quintals of sarso seeds and had executed two agreements dated 02.11.2017 with M/s Srijee Traders to pledge the said seeds on certain terms and conditions as incorporated therein. The petitioner further states that he entered into two further agreements dated 06.11.2017, in continuation with the earlier agreements. The copies of the said agreements, which have been placed on record, indicate that Gangotri had entered into one agreement dated 02.11.2017 for pledging 4,000 quintals of black sarso seeds with Srijee Agro Food. The same also indicates that Gangotri had purchased the said seeds @ Rs.4,000/-per quintal and Srijee Agro Foods (sole proprietorship concern of respondent no.2) had agreed to finance 50% of the value (that is, at the rate of Rs.2,000/-per quintal) on interest and expenses at the rate of 1.25% per month. The seeds were required to be stored in the godown of Srijee Agro Food (leased by Srijee Agro Food) at Rajat Wali Gali, Libaspur, Delhi. In addition, the agreement also indicated that the petitioner/Gangotri had provided certain cheques to respondent no.2 and had undertaken to clear the same. A similar agreement dated 02.11.2017 was entered into by Gangotri company in respect of 4,000 quintals of black sarso seeds with Srijee Traders (sole proprietorship concern of respondent no.3). Subsequently, the petitioner/Gangotri entered into two further agreements dated 06.11.2017 with Srijee Agro Food and Srijee Traders, agreeing to handover the release order after securing the same from National Seeds Corporation. Gangotri/petitioner also agreed to be fully responsible for sending the sarso seeds to the godown at Libaspur, Delhi.

4. Thus, in terms of the said agreements, the petitioner/Gangotri had agreed to avail finance from respondent nos. 2 and 3 for the aggregate quantity of 8,000 quintals of black sarso seeds and pledge the same.

5. On 06.03.2018, the wife of the petitioner (Smt. Deepa Taneja) entered into another agreement with Srijee Traders (respondent no.3) acknowledging that there was an amount pending to be paid to respondent no.3 and agreed to pledge certain seeds. The petitioner also claims that in February, 2017, he had pledged 400 quintals of arhar seeds and in November, 2017, he pledged 9,600 quintals of mustard (sarso) seeds.

6. The petitioner claims that during the proceedings before the Special Court regarding sealing/de-sealing of godown, respondent no.2 had filed an application enclosing two agreements dated 02.11.2017 and 06.11.2017. However, certain pages of the said agreements were manipulated. The petitioner claimed that he had also made a complaint with the PS S. P. Badli on 14.12.2018 in this regard.

7. On 29.08.2018, the police, along with the Seed Inspector, Balam Singh went to the godown of the respondents and had found that the petitioner and the respondents were present there. The Seed Inspector had asked them to open the same, but on their request, agreed to inspect the godown on a later date and sealed the godown with their official seals.

8. The Seed Inspector visited the godown in question on 06.09.2018 and found that the seals on the locks of the godown were broken