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Supreme Court - Daily Orders

The State Of Odisha vs M/S Anheuser Busch Inbev India Ltd. on 18 September, 2019

Bench: A.M. Khanwilkar, Dinesh Maheshwari

                                                         1


     ITEM NO.8                                  COURT NO.8                    SECTION XI-A

                                    S U P R E M E C O U R T O F         I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                       No(s).     14492/2019

     (Arising out of impugned final judgment and order dated 12-03-2019
     in OJC No. 4052/2001 passed by the High Court Of Orissa At Cuttack)

     THE STATE OF ODISHA & ORS.                                                 Petitioner(s)

                                                        VERSUS

     M/S ANHEUSER BUSCH INBEV INDIA LTD. & ANR.                                 Respondent(s)

     (FOR ADMISSION and I.R. )

     Date : 18-09-2019 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE A.M. KHANWILKAR
                             HON'BLE MR. JUSTICE DINESH MAHESHWARI


     For Petitioner(s)
                                          Mr. Ravi Prakash Mehrotra, AOR
                                          Mr.Ankit Agarwal, Adv.

     For Respondent(s)
                                          Mr.   Raju Ramachandran, Sr. Adv.
                                          Mr.   Manoj Kumar Mishra, Sr. Adv.
                                          Mr.   Manoj Kumar Rajguru,Adv.
                                          Mr.   Shovan Mishra, AOR


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Leave granted.

As regards the application for interim relief, we dispose of the same with direction to the petitioner - State to forthwith refund the principal amount of Rs. 2,57,71,215/- (Two Crore Fifty Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.09.19 Seven 17:04:54 IST Reason: Lakh Seventy One Thousand Two Hundred Fifteen) to the respondents, without prejudice to the rights and contentions of the 2 parties in the present proceedings and with clear understanding that if the appeal succeeds, the respondents will have to bring back the said amount along with interest which will not be less than 12 per cent per annum as may be directed by the Court at the appropriate stage.

The payment be released to the respondents only upon furnishing solvent security for the like amount.

We make it clear that this interim arrangement has been worked out as the respondents have already succeeded before the High Court.

List this matter in the third week of January, 2020 for final hearing.

(DEEPAK SINGH)                                             (VIDYA NEGI)
COURT MASTER (SH)                                         COURT MASTER (NSH)