Rasi Seeds Pvt. Ltd. vs Bhagwan & Anr. on 21 November, 2022
3. The petitioner is before us impugning this order on the grounds that the State Commission erred in putting the onus on the petitioner to get the seeds tested as also the burden of proof to prove that the seeds were not defective. The State Commission's reliance on the judgment of the Hon'ble Supreme Court in Maharashtra Hybrid Seeds Co. Ltd. Vs. Alavalapati Chandra Reddy (1998) NCJ (SC) 464 is assailed as erroneous since this judgment was applicable to a particular case where there was no finding by the Apex Court which declined to interfere under Article 136 and observed that this Commission should have given a reasoned order in view of the State Commission's findings. It is also urged that the State Commission erred in not accepting the report of the Officers of the Agriculture Department,which had been accepted by the District Forum and that the petitioner could not have proved that the seeds were defective, since a negative cannot be proved in law. It is also argued that the State Commission erred in determining the loss without there being any basis for it on record. It is also argued that the impugned order overlooked the fact that the Officers of the Agriculture Department, had advised the respondent to undertake various chemical treatments and that the same had not been done.