Jharkhand High Court
M/S. A2Z Infraservices Limited Through ... vs The State Of Jharkhand And Others on 26 April, 2023
Author: Ananda Sen
Bench: Sanjaya Kumar Mishra, Ananda Sen
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 2162 of 2023
M/s. A2Z Infraservices Limited through its Authorised
Signatory Vinaya Kumar Mishra ... ... ... Petitioner
Versus
The State of Jharkhand and others ... ... ... Respondents
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CORAM: SRI SANJAYA KUMAR MISHRA, C.J.
SRI ANANDA SEN, J.
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For the Petitioner: Mr. Sumeet Gadodia, Advocate For the State: Mr. Piyush Chitresh, A.C. to A.G. For the JSBCL: Mr. Raunak Sahay, Advocate
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02/Dated: 26.04.2023 Heard.
Keeping in view the fact that the petitioner is only the service provider, the imposition of penalty appears to be arbitrary as there is no discretion on his part regarding the products to be sold by the outlet managed by it. Hence, Rule NISI.
Mr. Piyush Chitresh, learned A.C. to A.G. accepts notice on behalf of respondent Nos. 1 and 2 and Mr. Raunak Sahay, learned counsel accepts notice on behalf of respondent no.3.
A supplementary affidavit filed on behalf of the petitioner in the Court today reflecting the notice issued by the General Manager, Jharkhand State Beverages Corporation Limited, is taken on record.
List this case on 17.05.2023.
In the interregnum, it is directed that no coercive action shall be taken against the petitioner in pursuance of letter No. 696 dated 01.04.2023, subject to the petitioner depositing a sum of Rs.30,00,00,000/- (Rupees Thirty Crores) within a period of fifteen days with the respondents.
Accordingly, the stay petition bearing I.A. No. 3911 of 2023 stands disposed of.
(Sanjaya Kumar Mishra, C.J.) (Ananda Sen, J.) APK/VK