Delhi High Court - Orders
Brindco Sales Pvt. Ltd vs Govt. Of Nct Of Delhi & Ors on 13 December, 2022
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15775/2022
BRINDCO SALES PVT. LTD ..... Petitioner
Through: Mr. Parag Tripathi, Sr. Advocate with
Ms. Simran Brar, Mr. Vendanta
Varma, Ms. Kiran Devrani, Ms.
Vasundhara Bakhro and Mr.
Shubhankar Choudhary, Advs.
versus
GOVT. OF NCT OF DELHI & ORS. ..... Respondents
Through: Sh. Santosh Kumar Tripathi, Standing
Counsel (Civil), GNCTD with Mr.
Arun Panwar and Mr. Tapesh
Raghav, Advs.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 13.12.2022 [ The proceeding has been conducted through Hybrid mode ]
1. Mr. Tripathi, learned Senior counsel appearing for the petitioner places on record the order dated 07.12.2022 passed in Writ Petition No.16485/2022 titled as Anheuser Busch Inbev India Ltd vs. Govt. Of NCT of Delhi & Ors. whereby learned Coordinate Bench of this Court in similar circumstances has directed the respondent to treat the stocks lying in the bonded warehouse as Left Over Stock and permit the parties therein to dispose of the same in accordance with Rule 56 of the Delhi Excise Rules, 2010.
Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.12.2022 11:25:432. Learned Senior counsel for the petitioner draws attention to paras 21, 23 & 24 of the said judgment passed by the Coordinate Bench, which are extracted hereunder:
"21. It is further clarified, in order to avoid any ambiguity, that upon the stock being transferred from M/s. Indo Spirit to the Petitioner herein, the excise duty would be payable by the Petitioner in accordance with law.
22. ..................
23. As per the above order, permission was granted to unload the liquor from the trucks and stock in M/s. Indo Spirit's warehouse. In terms of the directions given above, in W.P.(C) 16491/2022 the stock which is lying in trucks/lorries to the tune of 14400 cases is also permitted to be transferred to the Petitioner to be disposed of in accordance with Rule 56 in terms of the directions given above.
24. M/s. Indo Spirit is now permitted to transfer its entire left over stock to the Petitioner within a period of 3 days under the supervision of officials of Excise Department, GNCTD. It is again clarified that the excise duty in accordance with law would be payable by the Petitioner in respect of any stock which may be disposed of by it."
3. In view of the above, the present writ petition is partly disposed of in terms of the aforesaid order passed by the learned Coordinate Bench on the same terms and conditions as enumerated therein.
4. Respondents are also directed to grant access to the petitioner to ESCIMS portal with respect to the left over stocks which is subject matter of the present petition and were procured under licence Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.12.2022 11:25:43 pertaining to year 2021 - 2022. This process may be completed within four days from the date of receipt of this order.
5. Mr. Tripathi, learned Sr. Counsel appearing for the petitioner draws attention to the prayer clause of the present writ petition and in particular prayer (d) at page 89 by virtue whereof, the petitioner seeks damages arising in respect of the loss caused on the actual value of the stocks which was held by the petitioner.
6. In that view of the matter, this writ petition may be listed for further consideration in respect of only prayer (d) as submitted by learned Sr. Counsel.
7. Learned counsel appearing for the respondent may file his detailed counter affidavit in respect of prayer (d) within six weeks from today. Rejoinder thereto within four weeks thereafter.
8. List for consideration on 15.05.2023 alongwith other writ petition.
9. Copy of the order be given dasti under the signature of the Court Master.
TUSHAR RAO GEDELA, J DECEMBER 13, 2022/kct Signature Not Verified Digitally Signed By:VINOD KUMAR Signing Date:16.12.2022 11:25:43