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TMI Blog1994 (7) TMI 280X X X X Extracts X X X X X X X X Extracts X X X X ..... " under section 2(b) of the Act. It seems that section 2(b) was not brought to the notice of the High Court otherwise, for ought, the result may have been different. - Civil Appeal No. 3962 of 1987 - - - Dated:- 11-7-1994 - KULDIP SINGH AND YOGESHWAR DAYAL JJ. S.V. Deshpande for S.K. Agnihotri, for the appellant. D.K. Garg, for the respondents. -------------------------------------------------- The judgment of the Court was delivered by KULDIP SINGH, J.- This appeal by the State of Madhya Pradesh is directed against the order dated April 8, 1987, of Indore Bench of the Madhya Pradesh High Court, wherein the expression "trader" under section 2(p) of the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 ("the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the word 'trader' has been inserted.] (p) 'Trader' means a person who in his normal course of business buys or sells any notified agricultural produce and includes a person engaged in possession of agricultural produce." The appellant issued directions dated December 9, 1986 (annexure P7) restraining the agriculturists from selling their produce through the commission agents (adatiyas). It was further directed that action would be taken against the commission agents for violating the said instructions. Respondents 1 and 2 who were commission agents challenged the instructions (annexure P7) on the ground that they were contrary to the provisions of the Act and in any case the agriculturists being traders under the Act the commission age ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor is to sell the notified agricultural produce and at times he may be required also to buy the same in the course of his normal business. Therefore, we are of opinion that the petitioners cannot be prohibited from acting as commission agents on behalf of the sellers, that is, the agriculturist and consequently annexure P7 has to be quashed. It, therefore, follows that the agriculturist who sells his produce through a commission agent is a trader according to the present definition of 'trader'." We are of the view that the High Court fell into patent error in holding that the expression "trader" as defined under the Act includes agriculturists. It failed to notice that the Legislature has separately defined the expression "agriculturist" ..... X X X X Extracts X X X X X X X X Extracts X X X X
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