IN THE HON’BLE COURT OF THE DISTRICT JUDGE, NORTH-

WEST, ROHINI COURT, DELHI.

RCA DJ NO. ____/2022.

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …APPELLANTS

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …RESPONDENTS

INDEX

S. PARTICULARS PAGE COURT

No. NO. FEES
1. MEMO OF PARTIES
2. COURT FEES
3. APPEAL AGAINST
JUDGEMENT DATED
12.09.2022
4. APPLICATION UNDER
SECTION 80 (2) OF THE
CODE OF CIVIL PROCEDURE
FOR EXEMPTION FROM
GIVING ADVANCE NOTICE
TO THE RESPONDENT NO.1
5. ANNEXURE A-1
COPY OF IDENTITY PROOF
(AADHAR CARD) OF THE
 PETITIONER
5. ANNEXURE A-2 (COLLY)
COPY OF THE NOTICES
ISSUED BY DISPUTE SUB
COMMITTEE (DSC) OF THE
APMC, AZADPUR VIDE NO.
APMC/DSC/472/851 &
APMC/DSC/471/852 DATED
30.09.2021
6. ANNEXURE A-3
COPY OF THE VIDE EX-
PARTE ORDER NO.
APMC/DSC/20-21/471/928
DATED 20.12.2021 PASSED
BY THE DEPUTY
SECRETARY, DISPUTE SUB
COMMITTEE, APMC
7. ANNEXURE A-4
COPY OF THE IMPUGNED
ORDER DATED 14.06.2022
PASSED BY THE VICE-
CHAIRMAN, DELHI
AGRICULTURAL
MARKETING BOARD
8. ANNEXURE A-5
COPY OF JUDGEMENT
DATED 12.09.2022
9. VAKALATNAMA
DELHI
DATED: __.__.2022 PLAINTIFF

THROUGH

COUNSEL
SATNARAIN SHARMA & ASSOCIATES
CH. NO.202, LAWYERS CHAMBER BLOCK
ROHINI COURTS COMPLEX, DELHI
9811489084
IN THE HON’BLE COURT OF THE DISTRICT JUDGE, NORTH-
WEST, ROHINI COURT, DELHI.
RCA DJ NO. ____/2022.

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …APPELLANTS

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …RESPONDENTS

MEMO OF PARTIES

M/S AMRIT LAL KANWAR LAL

THROUGH ITS PROPRIETOR:
SH. AMRIT LAL
SHOP NO. D-418 (LICENSE NO. B-823)
NSM AZADPUR, DELHI-11033 …APPELLANT

VERSUS

(1) DELHI AGRICULTURAL MARKETING BOARD (DAMB)

THROUGH ITS VICE CHAIRMAN

(2) M/S RAJPAL AJIT SINGH AND CO.

SHOP NO. D-417 (LICENSE NO. B-1631)
NSM AZADPUR, DELHI-110033
 (3) M/S TARA CHAND MANOHAR LAL
SHOP NO. D-421 (LICENSE NO. B-823)
NSM AZADPUR, DELHI-110033 …RESPONDENTS

APPELLANT

DELHI
DATED: __.__.2022 THROUGH

COUNSEL
SATNARAIN SHARMA & ASSOCIATES
CH. NO.202, LAWYERS CHAMBER BLOCK
ROHINI COURTS COMPLEX, DELHI
9811489084
IN THE HON’BLE COURT OF THE DISTRICT JUDGE, NORTH-
WEST, ROHINI COURT, DELHI.
RCA DJ NO. ____/2022.

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …APPELLANTS

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …RESPONDENTS

REGULAR (FIRST) CIVIL APPEAL AGAINST THE IMPUGNED

JUDGEMENT DATED 12.09.2022 PASSED BY THE HON’BLE
CIVIL JUDGE

MAY IT PLEASE YOUR HONOUR:

The above named appellant files the appeal under section 96 C.P.C.
against the decree dated 12.09.2022 of Senior Civil Judge cum Rent
Controller in original Civil suit No. 1117/22 of Amrit Lal Kanwar Lal Vs.
Delhi Agricultural Marketing Board & ors. and sets forth the following
grounds of appeal which is valued at Rs.

GROUNDS OF OBJECTIONS:
1. That the impugned order dated 20.12.2021 passed, by the secretary
of DAMB, as ex-parte without giving sufficient reasonable
opportunity to the Appellant/Plaintiff of being heard and same is
 against the principles of natural justice and also prejudice against
the provision of section 81 DAMB Act whereby states as:

“81. Power to cancel or suspend licence –

(4) No licence shall be suspended or cancelled under this
section, unless the holder thereof has been given a
reasonable opportunity of showing cause against the
proposed action.”

2. That under Section 55 of the DAPM Act, 1998, the DSC and DAMB
lack the authority to decide recovery proceedings and to suspend
the appellant's licence on similar ground. As a result, the impugned
order, dated 20.12.2021, which found the appellant in default and
ruled in favour of Respondents Nos. 2 and 3, is wholly illegal,
arbitrary, and contrary to law and should be reversed and declared
null and void in the interest of justice.

3. That the Appellant/Plaintiff was neither provided with sufficient

opportunity to make their case nor was served with the notice
before or, to appear in person, on the date the impugned order
dated 20.12.2021 was made against him. Also that the findings of
the court below to the contrary is incorrect.

4. The Hon'ble Civil Court's judgment impugned herewith was based

on provisions under Sections 78 and 80 of the Agricultural
Produce and Livestock Marketing (Promotion & Facilitation) Act,
2017, which are in conflict with the Delhi Agricultural Produce
Marketting (Regulations) Act, 1998, and the latter is more
appropriately applicable to the state of Delhi. That the hon’ble
subordinate court has misconstrued/misinterpreted the legal
 provisions and has erred at wrong conclusion.

5. That the Hon’ble Civil Court has misinterpreted the provisions

under section 80 and section 78 of (APLM Act) Agricultural
Produce and Livestock Marketing (Promotion & Facilitation) Act,
2017, which cannot be preferred over local law i.e. Delhi
Agricultural Produce Marketing (Regulations) Act, 1998.
Consequently, erroneously rejected the lawsuit filed by the
appellant/plaintiff.

PRAYER:

It is, therefore, humbly and most respectfully prayed to this

Hon’ble Court that the present appeal be allowed, and the suit of the
Appellant/plaintiff be heard and decided on merits.

Pass any such order(s) that this Hon’ble Court may deem fit & proper in
favour of the Plaintiff and in the interest of Justice.

DELHI APPELLANT
DATED: .09.2022 THROUGH

COUNSEL
SATNARAIN SHARMA & ASSOCIATES
CH. NO.202, LAWYERS CHAMBER BLOCK
ROHINI COURTS COMPLEX, DELHI
9811489084

MOST RESPECTFULLY SHOWETH:

1. That the Appellant/Plaintiff is a firm engaged in dealing of fresh
fruits and vegetables under the name and style of M/s. Amrit Lal
Kanwar Lal and the license in favour of the Appellant/Plaintiff was
issued by the Agricultural Produce Marketing Committee in
short (APMC), Azadpur, Delhi vide License No. B-3971. The
Appellant/Plaintiff has been continuously paying the License fees
as timely and other dues occurred against him, therefore there is
no impediment to pass such kind of order to harass the
Appellant/Plaintiff. Copy of Identity proof of the Petitioner is
annexed herewith as Annexure A-1.

2. That there were some business transactions between the Appellant

and RespondentsNo.2 & 3(originally Defendants) and there were
no direct issues between the Appellant and the Respondent No.1,
but it is pertinent to mention here that the relatives of Respondent
No.2 & 3 are holding the portfolio of influential post in Delhi
Agricultural Marketing Board, therefore the Respondent No.2 & 3
always used to threaten the Appellant/Plaintiff on one pretext or
the other without any rhyme and reason.

3. That there are no dues pending or levied by the Respondent No. 2

& 3 against the Appellant but they have given their bad evil a true
colour by way of filing the false and fabricated complaint against
the Appellant before the marketing board i.e. Respondent No.1 and
the Respondent No.1 has chosen to pass the arbitrary, unjust,
illegal order which is bad in the eyes of law.
4. That the acts of Respondents have clearly reflected that they have
shaken the hands together against the Appellant and started to
harass him on one pretext or other and resultantly the Respondent
No.1 issued the notice to the Appellant to harass him.

5. That in terms of business transactions between the Appellant and

Respondents, the Appellant had purchased some agricultural
produce from Respondents No.2 & 3 and paid the entire amount
accrued to them as per the rate settled mutually. However,
Respondent No.2 & 3 made false claims of Rs.3,37,299/- and
Rs.7,02,569/- respectively for which they filed complaints against
the Appellant/Plaintiff before APMC.

6. That the Appellant had received Notices issued by Dispute Sub

Committee (DSC) of the APMC, Azadpur vide no.
APMC/DSC/472/851 & APMC/DSC/471/852 dated 30.09.2021
regarding payment dispute between Appellant and Respondents
No.2 & 3. Copy of the said notices is annexed herewith as
Annexures A-2 (Colly).

7. That after receiving the notices from the Respondent No.1, the
Appellant regularly appeared before the Dispute Sub Committee
on each and every date of hearing given by the said committee but
the officials of Respondent No.1 used to extend the filthy language
to the Appellant and threaten him to stop the business and
suspension of his License etc.

8. That on 13.12.2021, the Appellant could not appear before DSC as

he had not received any notice for hearing or any intimation over
 call / text from the DSC, therefore the Appellant was not aware
about the date of hearing and hence, could not appear and DSC,
APMC decided the complaint ex-parte vide order no.
APMC/DSC/20-21/471/928 dated 20.12.2021 in favour of the
Respondent No. 2 & 3, thereby restricting the entry of those
farmers, who used to sell their produce to the Appellant/Plaintiff’s
Firm. Copy of the abovesaid impugned ex-parte order is annexed
herewith as Annexure A-3.

9. That the Appellant immediately made an appeal to the Vice-

Chairman of the Delhi Agricultural Marketing Board
(DAMB), but the office of Chairman is also in hand gloves with
the Respondents No.2 & 3 and all the efforts made by the
Appellant went in vain.

10. That the Vice-Chairman of DAMB, vide the impugned order

dated 14.06.2022, upheld the decision of the DSC failing to take
into consideration the contentions of the Appellant in the said
appeal. That the Appellant contended that DSC / DAMB have no
authority to decide recovery proceedings but the authority has
passed the impugned order against the Appellant and in favour of
the Respondents no. 2 & 3, which is totally unfair, unjust, illegal
and bad in the eyes of Law, therefore the same is liable to be set-
aside and declared as null & void, in the interest of justice. Copy of
the impugned order passed by the Vice-Chairman of DAMB is
annexed herewith as Annexure A-4.

11. That the impugned order passed by the authority is devoid of its
merits and the impugned order passed by the Respondent No.1 is
 illegal, unfair, unjust and arbitrary as prima facie, therefore the
order passed by the Respondent No.1 is liable to set aside.

12.That Section 19 and Section 55 of the Delhi Agricultural Produce

Marketing (Regulations) Act, 1998 defines the functions of the
Secretary and the DAMB specifically and any of them are not
authorized to decide recovery proceedings and only the concerned
Court of Law has authority to decide recovery proceedings. The
extract of Section 19 and Section 55 of the Delhi Agricultural
Produce Marketing (Regulations) Act, 1998 is reproduced herein
for kind reference of Hon’ble Court:
19. Functions of the Secretary of the Board.- Secretary of
the Board shall-
(i) arrange meetings of the Board;
(ii) maintain record of the proceedings of the meetings of the
Board in the prescribed manner ;
(iii) Discharge other functions as may be assigned to him by Vice-
Chairman of Board from time to time.

55.Powers and duties of the Marketing Committees.- (1)

Subject to the provisions of this Act, it shall be the duty of a
Marketing Committee:-

(i) to implement the provisions of this Act, and rules, regulations

and bye-laws made there under for the market area;
(it) to provide such facilities for marketing of notified agricultural
produce therein as the Board may, from, time to time, direct;
(iii) to perform other functions as may be required in relation to
the superintendence, direction and control of markets, or for
regulating and control of markets, or for regulating the market
area and for purposes connected with the matters aforesaid, and,
for this purpose, may exercise such powers and perform such
duties and discharge such functions as may be provided by or
under this Act.
(2) Without prejudice to the generality of the foregoing
provisions, a ' Marketing Committee may-
(a) regulate the entry of the persons and of vehicular traffic into
the market;
(b) supervise the conduct of those who enter the market for
transacting business;
(c) grant, renew, refuse suspend or cancel licences;
(d) provide for settling disputes arising out of any kind of
transaction connected with the marketing of notified agricultural
produce and all matters ancillary thereto ;
(e) prosecute persons for violating the provisions of this Act and
to the rules regulations and bye-law's made thereunder;
(f) maintain and merge the market, including the regulation of
admissions to, and conditions for use of, the market;
(g) regulate the marketing of notified agricultural produce in the
market area and the market, and the weighment, delivery of and
payment for, such agricultural produce;
Explanation - For the purposes of Clause (g), the word 'regulate'
shall include-
(i) making, carrying out, enforcing or cancelling of any contract
of sale of a notified agricultural produce;
(ii) conducting or supervising of a transaction of sale or purchase
of a notified agricultural produce in accordance with the
procedure laid down under this Act, or rules, regulations and bye-
laws made thereunder;
(iii) specifying any place or spot where a notified agricultural
produce shall be stored or displayed for purpose of sale by open
auction;
(iv) fixing the time for holding auction; and
(v) cancelling an auction if it is not held in the presence of the
employees of the marketing committee.
(h) arrange for the collection-
(i) of such notified agricultural produce in the market in which all
trade therein is to be carried on exclusively by the Government by
or under any law for the time being in force for that purpose, or
(ii) of such other notified agricultural produce in the market as
the Government may, from time to time notify in the official
Gazette.
(i) acquire, hold and dispose of any movable or immovable
property (including any equipment) necessary for the purpose of
efficiently carrying out its duties;
(j) collect, maintain, disseminate and supply information in
respect of production, sale storage, processing, prices and
movement of notified agricultural produce (including information
relating to crop-statistics and market intelligence) as may be
required by the Director or the Board;
(k) take all such steps to prevent adulteration and to promote
grading and standardization of such agricultural produce, as
may be prescribed;
 (l) enforce the provisions of this Act and of the rules, regulations
and bye-laws made thereunder including the conditions of the
licences granted, under this Act;
(m) perform such other duties as may be prescribed;
(n) arrange to obtain fitness certificate of health from a
veterinary doctor in respect of animals, cattle or birds brought
for sale of sold in the market/sub-market;
(o) disseminate information about the benefits of regulation, the
system of transaction, facilities provided in the market yard, etc.
through such means as posters, pamphlets, hoarding, cinema
slides, film shows, group meetings, etc., or through any other
means considered by it more effective or necessary;
(p) ensure payment in respect of a transaction which takes place
in a market to be made on the same day to the seller, and in
default thereof to seize the agricultural produce in question
alongwith other property of the commission agent or purchaser if
no commission agent is involved in the transaction;
(q) make arrangement for weighmen palledars for weighing and
transporting of goods in respect of transactions held in the
market yard/sub-yard;
(r) recover the charges in respect of weighmen and palledars and
distribute the same to weighmen and palledars if not paid by the
purchaser or seller, as the case may be.

13.That due to the impugned order of the Vice Chairman of DAMB

dated 14/06/2022 effectively banning the operation of License of
the Appellant’s Firm, the Appellant has been unable to carry out
any operation seriously affecting his livelihood causing great
 financial hardships, irreparable loss, mental agony and harassment
to the Appellant.

14.That the Plaintiff has no any other efficacious remedy except to

approach to this Hon'ble court for seeking relief of injunction
against the Respondents/Respondents from banning the entry of
farmers produce in the name of the Plaintiff.

15. That the cause of action against the Plaintiff firstly arose on
30/09/2021, when the plaintiff received the notice from the
Dispute Sub Committee, APMC and on 20.12.2021 when the Dy.
Secretary, Agricultural Produce Marketing Committee passed the
order in favour of Respondents/Respondents No. 2 & 3 and
against the plaintiff. The cause of action further arose when the
Vice-Chairman, Delhi Agricultural Marketing Board passed the
impugn order dated 14.06.2022.

16.The value of this suit for the purposes of court fee and jurisdiction
is Rs.330/- (Rs. 130/- for Injunction + Rs.200/- for declaration)
which is affixed on the plaint for adjudication of the present plaint.

17.That the present Civil Suit is being filed in a bona fide manner and
is in the interest of the law.

18. That the balance of convenience lies in the favour of the

Plaintiff and not the Respondents/Respondents .

19.That the Plaintiff has a good prima facie case and has every chance
of succeeding in the case.
20. That the Plaintiff shall suffer irreparable loss and injury in
terms of money etc., if the reliefs in the present civil suit are not
allowed.

21.That the Plaintiff has not filed the similar civil suit before this
Hon’ble Court or any other Court of law.

22. That the Plaintiff used to reside and work for gain within the
territorial jurisdiction of this Hon’ble Court, therefore this Hon’ble
court has jurisdiction to try and entertain the present suit as such
the cause of action arose within the territorial jurisdiction of this
Hon’ble Court.
PRAYER

In view of the above-mentioned facts and circumstances, it is

therefore most respectfully prayed that this Hon’ble Court may be please
to:

I. Pass the decree of Permanent and Mandatory Injunction in

favour of the Plaintiff and against the
Respondents/Respondents thereby restraining the APMC /
DAMB from restraining banning the operation of Plaintiff’s
License and entry of farmers produce in the name of the
Plaintiff;
II. Declare the Impugned Order by Vice Chairman of DAMB dated
14.06.2022 as null and void and the same be cancelled.
III. Award cost of the suit in favour of the Plaintiff and against the
Respondents/Respondents ; and/or
IV. Pass any other and further order(s) that this Hon’ble Court may
deem fit & proper in favour of the Plaintiff and against the
Respondents/Respondents in the interest of Justice.

DELHI
DATED: .09.2022 PLAINTIFF

THROUGH

COUNSEL
SATNARAIN SHARMA & ASSOCIATES
CH. NO.202, LAWYERS CHAMBER BLOCK
ROHINI COURTS COMPLEX, DELHI
9811489084
 IN THE COURT OF SENIOR CIVIL JUDGE, NORTH WEST
DISTRICT, ROHINI COURTS, DELHI

CIVIL SUIT NO. _________/2022

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …PLAINTIFF

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …DEFENDENTS

AFFIDAVIT

I, Amrit Lal, aged about ___ years, Proprietor of M/s Amrit Lal Kanwar
Lal at Shop No. D-418, NSM Azadpur, Delhi-110033, do hereby solemnly
affirm as under:

1. That the deponent is proprietor of the Plaintiff firm engaged in the

dealing in fruits and vegetables and the deponent is managing and
controlling the day-to-day affairs of the Plaintiff and is well
conversant with the facts and circumstances of the present case
and is competent and authorized to swear this affidavit before this
Hon’ble Court.\

2. That the contents of the accompanying suit for permanent and

mandatory injunction and for declaration have been drafted by my
counsel under my instruction and contents of the same have been
read over and explained to me in vernacular language which are
 understood by me and found the same to be true and correct to the
best of my knowledge.

3. The contents of the same may kindly be read as part and parcel of
this affidavit as are not repeated here for the sake of brevity.

DEPONENT

VERIFICATION

Verified at Delhi on this ____ day of ________, 2022 that the

contents of my above affidavit are true and correct to my knowledge and
no part of it is false and nothing material has been concealed therein.

DEPONENT
 IN THE COURT OF SENIOR CIVIL JUDGE, NORTH WEST
DISTRICT, ROHINI COURTS, DELHI

CIVIL SUIT NO. _________/2022

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …PLAINTIFF

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …DEFENDENTS

APPLICATION FOR EXEMPTION FROM GIVING ADVANCE

NOTICE UNDER SECTION 80 (2) OF THE CODE OF CIVIL
PROCEDURE READ WITH SECTION 111 OF DELHI
AGRICULTURAL MARKETING PRODUCE (REGULATIONS)
ACT, 1998

MOST RESPECTFULLY SHOWETH:

1. That the accompanying application is being filed on behalf of the

plaintiff for exemption from giving advance notice to the
Respondent and the contents of the main suit are not repeated
herein for the sake of brevity and just to avoid the repetition. That
the contents of this application be read herein as part and parcel of
the main suit.
 2. That the plaintiff has filed the accompanying suit for permanent
injunction, mandatory injunction and declaration of order passed
by respondent as ultra vires/illegal.

3. That the relief sought by the plaintiff is of urgent importance and

giving advance notice to the respondent would take quite a lot of
time causing irreparable loss to the plaintiff.

PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court
may very graciously be pleased to:
i. Allow this application and exempt the Plaintiff from giving
advance notice to the Respondent, in the interest of justice,
and / or
ii. Pass such other or further order/orders which this Hon’ble
Court may deem fit and proper in the interest of justice and of
the Plaintiff.

DELHI
DATED: .08.2022 PLAINTIFF

THROUGH

COUNSEL
SATNARAIN SHARMA & ASSOCIATES
CH. NO.202, LAWYERS CHAMBER BLOCK
ROHINI COURTS COMPLEX, DELHI
9811489084
 IN THE COURT OF SENIOR CIVIL JUDGE, NORTH WEST
DISTRICT, ROHINI COURTS, DELHI

CIVIL SUIT NO. _________/2022

IN THE MATTER OF:

M/S AMRIT LAL KANWAR LAL …PLAINTIFF

VERSUS

DELHI AGRICULTURAL MARKETING

BOARD & ORS. …DEFENDENTS
AFFIDAVIT

I, Amrit Lal, aged about ___ years, Proprietor of M/s Amrit Lal Kanwar
Lal at Shop No. D-418, NSM Azadpur, Delhi-110033, do hereby solemnly
affirm as under:

1. That the deponent is Plaintiff in this suit and is fully conversant

with the facts and circumstances of this case. The deponent is
competent to swear this affidavit.
2. That the contents of the accompanying exemption from giving
advance notice u/s 80(2) of C.P.C. has been drafted by my counsel
as per my instruction and the contents of the same have been duly
read over and understood by me and after fully understanding the
contents of the same, I hereby state that the facts stated therein are
all true and correct to the best of my knowledge. The contents of
petition may kindly be read as part and parcel of this affidavit also
as the contents of the same have not been repeated herein for the
sake of brevity.
 DEPONENT
VERIFICATION
Verified at Delhi on this ____ day of ________ 2022 that the
contents of my aforesaid affidavit are true and correct to the best of my
knowledge and nothing material has been concealed therefrom.

DEPONENT