- (1.) The foremost point, which falls for consideration of this Court in all these appeals, is as to how the weighment of agricultural produce is made and what are the rules governing the weighment? Since a common question of law on similar facts is being raised in all these appeals, the same are being decided by one common judgment of this Court.
(2.) Respondents in all these appeals, who are carrying on the business of commission agency in different market yards of the State of Haryana, have filed these suits against the appellants for recovery of the amount towards total cost of wheat sold by them through their commission agencies, to the extent of amount, which has been withheld by the appellants and has not been paid despite repeated requests and demands by service of notices.
(3.) It may be worthwhile to notice that the appellants have admitted in their written statement that the plaintiffs have sold wheat as mentioned in the suits for a total amount, as claimed; however, it has been submitted that the plaintiffs are very much in knowledge about deduction/withholding of the disputed amount in each case on account of shortage of wheat and as such the said amounts were deducted/withheld and the remaining amounts were received by the plaintiffs without any objection. It has been submitted that the defendants have paid all the balance amounts to the plaintiffs and nothing remains due towards them, however, the plaintiffs have intentionally avoided to mention the shortage of wheat supplied by them to the defendants to take undue advantage. It has been denied that the wheat was weighed in the presence of officials. A further defence has been taken that as per the norms of the department, final payment is to be made subject to the conditions mentioned in letter dated 07.04.2007 (Ex.D1). It is their further case that final weighment is made at the storage point of the appellants and if there is any shortage, then the Commission Agents are responsible for the same, and thus, the disputed amounts have been correctly deducted. Refuting all other allegations, prayer for dismissal of the suits has been made by the defendant-appellants.;