Supreme Court of India
State Of Karnataka And Anr. vs Bangalore Soft Drinks Pvt. Ltd. on 23 September, 1998
Equivalent citations: (2000)10SCC531, [2000]117STC413(SC), AIRONLINE 1998 SC 381
Bench: S.P. Bharucha, G.T. Nanavati, B.N. Kirpal
ORDER
1. We have heard learned counsel for the appellants. We have read the elaborate judgment of the High Court that is under appeal. We are entirely in agreement with the view taken by the High Court on the question of freight. The facts, as set down in the order of the Tribunal, did not warrant its conclusion that the agreement between the respondent and its wholesalers was a sham insofar as it related to the option regarding transportation of the respondent's products.
2. The only question of law that was raised in the special leave petition relates to freight. There is no question of law that relates to octroi and, therefore, the leave that has been granted must be held to be limited to the aspect of freight.
3. For the reasons aforestated, the appeal is dismissed with costs.