AJEET SEEDS LTD Vs. TRIMBAK ALIAS BALASAHEB

JUDGEMENT

(1.) THESE 129 revision petitions arise from a common cause of action, i. e. , relating to the quality of Hybrid Cotton Seed Variety CAHH-468.

(2.) UNDOUBTEDLY, this seed was developed by Punjabrao Krishi Vidyapeeth (P. K. V.) in the form what is termed as Breeder-seed, which was passed on to M/s. Ajeet Seeds Ltd. (Petitioner in RP Nos. 1960 - 1972 /1999 and RP No. 524/1997), of which, 'female line' was passed by M/s. Ajeet Seeds Ltd. to M/s. Nath Seeds Ltd. (Petitioner in RP Nos. 868 - 959 / 1999, RP No. 1134/1999), who using their 'male line' produced from elsewhere, developed this variety what is termed as 'foundation seed' and was subsequently produced and marketed by them after getting it duly certified by the State Seed Certification Agency. During the sowing season of 1992-93, when it was sown by large number of farmers, and when they did not get any cotton yield, the matter was reported to the seed manufacturer, i. e. , M/s. Nath Seeds Ltd. as also to the State Agriculture Authorities. The noise relating to the quality of this variety of hybrid cotton was so loud that it found its echo in the State Assembly and matter was further investigated by an 'expert panel'.

(3.) BE that as it may, when the large number of cultivators was not getting any yield of cotton from this particular variety, a large number of complaints came to be filed before the District Forum, who after hearing the parties and perusal of material on record, allowed the complaint filed by different cultivators and granted relief holding deficient the three OPs before the District Forum, namely, M/s. Nath Seeds Ltd. , their 'dealer' who had sold the seed, and the Government of Maharashtra through Director, State Seed Certification Agency, Pune, and directed them to pay jointly and severally the amounts worked out in terms of the area of each cultivator along with interest @ 18% p. a. from the date of complaint till full payment. The retailers were directed to refund the cost of seed along with interest @ 18% p. a. from 16. 7. 1993 till full payment. All the opposite parties referred to above, also, were directed to pay jointly and severally Rs. 5,000 by way of compensation for sufferance of injustice and Rs. 2000 towards cost of proceeding.