M P RAJYA SAHAKARI VIPANAN SANGH Vs. OMPRAKASH

JUDGEMENT

(1.) HEARD on admission.

(2.) THE respondent is a proprietorship firm and is engaged in the business of sale and purchase of cotton and its products, including "sarki". Petitioner, Madhya Pradesh Rajya Sahakari Vipnan Sangh Maryadit, is a cooperative society. It too is engaged in the business of sale and purchase of various agricultural produce.

(3.) THE Deputy Registrar, after scanning the evidence and materials brought on record, held that admittedly there was a provision for levying "caring charges" and, therefore, if there was delay on the part of respondent in taking the delivery of 'sarki" the petitioner was at the most entitled to recover "caring charges". The Deputy Registrar was also of the view that for the loss of "sarki" which was in the custody of petitioner, the respondent cannot be held liable. On these findings the Deputy Registrar, by order dated 16.11.2002, Annexure P1, allowed the claim of respondent and directed the petitioner to refund the security amount. Aggrieved, the petitioner filed first appeal before the Joint Registrar which was dismissed by order dated 6.4.2004, Annexure P.2. Thereafter, the petitioner filed second appeal No.259/2004 before the Madhya Pradesh Cooperative Tribunal, Bhopal, which too by a well reasoned order dated 11.8.2011, Annexure P3, has dismissed the same. Undeterred, the petitioner has filed the present petition under Article 227 of the Constitution.