- (1.) This order shall dispose of aforesaid two writ petitions i.e. CWP No.20808 of 2011 and CWP No.21226 of 2011, wherein challenge is to the similar orders passed by the Debt Conciliation Board constituted in terms of the Haryana Relief of Agricultural Indebtedness Act, 1989 (for short 'the Act').
(2.) Bishna Ram, predecessor-in-interest of respondent Nos.3 to 6, filed two applications under Sections 6 & 8 of the Act against Vidya Rattan Rajinder Pal, a firm of Commission Agents and its partners for a declaration that the respondents are debtors and the applicant is entitled to an amount of Rs.5,45,000/- and another sum of Rs.4 lakhs as principal amount in each of the two petitions apart from the interest accrued thereon. It was alleged that the applicant is an agriculturist owing 41/2 acres of land and that he used to sell agricultural produce i.e. potatoes, onions and other vegetables to the respondent-firm (now petitioner). On 01.04.1999, during conciliation of accounts, it was found that the respondent-firm i.e. the present petitioner, owe the principal amount mentioned above to the applicant. It is the said amount along with interest, which is claimed by the applicant under the provisions of the Act.
(3.) The Debt Conciliation Board (for short 'the Board') vide its order dated 08.08.2007 (Annexure P-5) allowed the application ordering the petitioners to pay the principal sum claimed as on 01.04.1999 along with simple interest at the rate of 10% per annum. The appeal against the said order was dismissed by the Collector on 10.08.2011 (Annexure P-7). Both the orders i.e. Annexure P-5 and Annexure P-7 are subject matter of challenge in the present writ petitions.;