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Delhi High Court - Orders

Anheuser Busch Inbev India Ltd vs Govt. Of Nct Of Delhi & Ors on 23 December, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~10
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +        W.P.(C) 16485/2022 & CM APPL. 56469/2022
                               ANHEUSER BUSCH INBEV INDIA LTD.                 ..... Petitioner
                                              Through: Mr. Anupam Lal Das, Sr. Advocate,
                                                         Mr. Anukul Raj, Mr. Anubhav Deep
                                                         Singh and Mr. Nikita Raj, Advocates
                                                         (M-8882155426).
                                              versus
                               GOVT. OF NCT OF DELHI & ORS.               ..... Respondents
                                              Through: Mr. Santosh Kumar Tripathi, Standing
                                                         Counsel (Civil) GNCTD with Mr.
                                                         Arun Panwar, Advocates (M-
                                                         7827545811) with Ms. Neelam, Asst.
                                                         Commissioner, Excise

                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                                    ORDER

% 23.12.2022

1. This hearing has been done through hybrid mode. CM APPL. 56469/2022 (for modification) in W.P.(C) 16485/2022

2. This is an application seeking further directions in terms of the order dated 7th December, 2022.

3. The submission of the ld. Counsel for the Petitioner is that despite clear orders for permitting M/s. Indo Spirit to transfer its entire left over stock to Anheuser Busch InBev India Limited, under the supervision of the officials from the Excise Department, GNCTD within a period of three days, more than two weeks have passed and no steps have been taken by the Excise Department.

4. Ld. Counsel for the Respondents submits that the file is being processed. It has been submitted by the Petitioner that in the meantime, some Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.12.2022 18:29:40 stock which is to be lifted by the Petitioner is also getting expired.

5. It is made clear that if there is any delay which is attributable to the officials in the Excise Department, GNCTD, action would be liable to be taken against these said officials.

6. Accordingly, the time for carrying out the order dated 7th December, 2022 is extended by ten days from today. Further, it is made clear that if there is any stock which has expired in the meantime, the same shall be permitted to be destroyed, in accordance with law and no excise duty would be liable to be paid in respect of the expired stock.

7. CM APPL. 56469/2022 is disposed of.

PRATHIBA M. SINGH, J DECEMBER 23, 2022 Rahul/AM Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.12.2022 18:29:40