SUBHASH CHANDER Vs. SIDDHARTH SINGHAL

JUDGEMENT

(1.) By this order I shall propose to decide the two following applications in the matter, the details of the same are given as under:-

(2.) As per the original plaint the plaintiff has filed a suit for recovery under Order XXXVII Rule 1 CPC for a sum of Rs.88,00,755/- against the defendant i.e. Siddharth Singhal sole proprietor of M/s Sadhu Ram Manish Kumar. Along with the suit, the plaintiff has also filed two interim applications i.e. I.A.No.11242/2013 under Order XXXIX Rule 1 and 2 CPC praying for ad-interim injunction restraining the defendant from parting with the possession, selling, alienating, mortgaging etc. or creating any third party interest in his Trading licence No. A206B111 issued by the 'APMC', Narela and his property i.e. Flat No. 501, "Shree Ram Hill View" and 101-D/2, Mahalaxmi Vihar, Vishrantwadi, Pune-15 and I.A.No. 11241/2013 under Order XXXVIII Rule 5 CPC praying for passing an order of attachment against the aforesaid property and aforesaid Trading licence No. belonging to the defendant till the suit is finally decided.

(3.) The case of the plaintiff is that the plaintiff is the sole proprietor of M/s Rajan Trading Company which was established in the year 1991 and is a commission agent/ 'Arhtia' who conducts auctions of agricultural products, on behalf of a seller who approaches him. Once the said auction is conducted, the plaintiff charges 2% commission from the purchaser of the said product in the auction. Further, an additional 1% is also charged from the purchaser by the plaintiff's firm as the charges to be paid to the market committee established by the Government i.e. Krishi Upaj Vipnan Samiti (APMC) Narela. In case, there is a delay by the purchaser in the said auction, there is an interest of 1.6% per day imposed by the commission agent according to the agreed market practices.