GOPAL TANEJA Vs. STATE

JUDGEMENT

(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.