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Delhi High Court - Orders

Anheuser Busch Inbev India Ltd vs Govt. Of Nct Of Delhi & Ors on 3 November, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

$~58
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 15181/2022 & CM APPL. 46975/2022(Interim Relief)
       ANHEUSER BUSCH INBEV INDIA LTD.      ..... Petitioner
                   Through: Mr. Anukul Raj, Ms. Ankita
                             Raj and Mr. Anubhav Deep
                             Singh, Advs.

                             versus

       GOVT. OF NCT OF DELHI & ORS.         ..... Respondents
                     Through: Mr. Arun Panwar, Mr. Pradeep,
                               Ms. Mahak Rankawat and Mr.
                               Pradyumn Rao, Advs. for Mr.
                               Santosh Kumar Tripathi, SC
                               (Civil) for Excise
                               Commissioner.
       CORAM:
       HON'BLE MR. JUSTICE YASHWANT VARMA
                             ORDER

% 03.11.2022 CM APPL. 46974/2022 (exemption) Allowed, subject to all just exceptions.

Application shall stand disposed of.

W.P.(C) 15181/2022 & CM APPL. 46975/2022(Interim Relief)

1. The instant writ petition has been preferred for directions being framed commanding the respondents to permit the unloading of the liquor stock which had been exported into the National Capital Territory ["NCT'] in terms of the permits details of which have been set forth in the writ petition itself.

2. It appears from the record that a permit was granted by the Excise authorities to M/s Indo Spirits for transport of 14,400 cases of liquor under 12 permits which had been issued. Those permits were valid up to 31 July 2022. M/s Indo Spirits is stated to have applied for a revalidation of those permits which was granted on 02 August 2022 albeit for one day only. On 13 August, M/s Indo Spirits is stated to have applied for the revalidation of the said permits. It is at that stage and while the matter rested thus that the petitioner who claims to be the manufacturer of the consignment in question and who asserts to be the holder of a license issued by the Excise Department entitling it to distribute liquor within the NCT has stepped in submitting that the aforesaid permits have been taken over by the petitioner here and consequently the respondents may be commanded to permit him to unload the stock and distribute the same.

3. Mr. Panwar, learned counsel representing the Excise Commissioner states on instructions, that subject to verification of all facts and contentions on merits being kept open in case the petitioner were to submit a detailed representation for the consideration of the Excise Commissioner within a period of 48 hours from today, the same shall be duly examined and a considered decision taken thereon and communicated to the petitioner within a period of two weeks from today. The statement so made is recorded and accepted.

4. The writ petition shall stand disposed of on the above terms.

YASHWANT VARMA, J.

NOVEMBER 3, 2022 bh