CONFED Vs. FOOD GRAIN DEALER ASSOCIATION

JUDGEMENT

(1.) The present application has been filed for condoning the delay of 842 days in filing the present regular second appeal.

(2.) The present regular second appeal has been preferred by the defendant-appellants against the judgements and decrees passed by both the Courts below whereby the suit for recovery filed by the plaintiff-respondent has been decreed.

(3.) The case of the plaintiff-respondent was that it is an association of commission agents working in New Grain Market, Gohana which has been registered by the District Registrar of Firms and Societies, Sonipat. In the financial year 2007-2008, the defendant-appellants ordered the plaintiffrespondent to purchase wheat. The plaintiff-respondent purchased and supplied 255648 bags of 50 kg each i.e. 1,27,824 quintals at the rate of Rs.750.00 per quintal and other incidental charges, and bonus of Rs.100.00 was to be paid to plaintiff-respondent by the defendant-appellants. The commission was settled at 2.5% on the amount of costs of wheat and the total commission was amounting to Rs.23,96,700.00. At the time of agreement, market fee @ 2%, cess 2%, labour at the rate of Rs.1.82 per bag for 49997 bags and Rs.1.92 per bag for 205651/- bags was settled. It was pleaded that the plaintiff-respondent was entitled to Rs.11,54,06,011.00from the defendant-appellants on account of supply of wheat. The defendantappellants made part payment of the purchased wheat to the plaintiffrespondent and the last cheque was issued in the month of August 2007 but thereafter the defendant-appellants did not make any payment. It was prayed that a decree for recovery of Rs.3,09,998.00 alongwith interest @ 18% per annum from the date of purchase of wheat till its final realization may be passed in favour of the plaintiff-respondent.