Patna High Court - Orders
Molson Coors Cobra India Pvt. Ltd., vs The State Of Bihar on 27 September, 2022
Bench: Chief Justice, S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4882 of 2020
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United Spirits Limited
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7461 of 2020
======================================================
Molson Coors Cobra India Pvt. Ltd.,
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7463 of 2020
======================================================
Malson Coors Cobra India Pvt. Ltd.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6561 of 2021
======================================================
Pernod Ricard India (P) Limited,
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 8853 of 2021
======================================================
Colona Blenders and Bottlers (India) Pvt. Ltd.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
Patna High Court CWJC No.4882 of 2020(9) dt.27-09-2022
2/6
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 7330 of 2022
======================================================
Molson Coors Cobra India Pvt. Ltd.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 4882 of 2020)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
Mr. Girijish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 7461 of 2020)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC 11
Mr. Vivek Prasad, GP 7
Mr. Girijish Kumar, Advocate
Mr. Vikas Kumar Advocate
(In Civil Writ Jurisdiction Case No. 7463 of 2020)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
Mr. Girijish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 6561 of 2021)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
Mr. Girijish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 8853 of 2021)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabir Bharti, Advocate
For the Respondent/s : Mr. Vikash Kumar, SC-11
Mr. Girijish Kumar, Advocate
Patna High Court CWJC No.4882 of 2020(9) dt.27-09-2022
3/6
(In Civil Writ Jurisdiction Case No. 7330 of 2022)
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate
Mr. Satyabeer Bharti, Advocate
Ms. Prachi Pallavi, Advocate
For the Respondent/s : Mr. Vivek Prasad, GP-7
Mr. Girijish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
9 27-09-2022Re:- C.W.J.C. No. 7330 of 2022 Shri Vivek Prasad, learned G.P.-7 has placed on record an affidavit dated 26.09.2022, which reads as under:-
"I, B. Kartikey Dhanji (Male), Aged about 42 years, son of Dhanji Bhai, resident of House No.B3/32, Bailey Road, P.S. Shastri Nagar, District- Patna, do hereby solemnly affirm and state as follows:-
1. That I am presently posted as Excise Commissioner, Bihar, Patna and I have examined the records of this case and as such am well acquainted with the facts and circumstances of the case.
2. That the Hon'ble High Court vide order dated 19.09.2022 directed to take decision in terms of earlier order dated 12.09.2022 regarding payment of dues.
3. That it is relevant to state here that M/S Molson Coors Cobra India Pvt. Ltd. And M/S Mount Shivalik Breweries Ltd. has outstanding dues to the Government is as follows:-
(i) M/S Molson Coors Cobra India Pvt. Ltd.
-Rs.3,01,37,103.00 Patna High Court CWJC No.4882 of 2020(9) dt.27-09-2022 4/6
(ii) M/S Molson Coors Cobra India Pvt. Ltd. (A/C Mount Shivalik Industries Ltd.)
-Rs.7,19,67,050.00
(iii) M/S Mount Shivalik Breweries Ltd. (A/C M/S Molson Coors Cobra India Pvt.
Ltd.) -Rs.2,01,13,063.00 Total-Rs. 12,22,17,216.00
4. That it is evident from records that M/S Molson Coors Cobra India Pvt. Ltd. is operating account of M/S Mount Shivalik Breweries Ltd. whereas M/S Mount Shivalik Breweries Ltd. is operating account of M/S Molson Coors Cobra India Pvt. Ltd. Thus all the three Companies are interse related own by same person and therefore aforesaid dues were raised against the petitioner.
5. That the representative of the petitioner has agreed to pay Bank guarantee worth Rs.10,21,04,153.00 being the dues outstanding in the name of M/S Molson Coors Cobra India Pvt. Ltd. The representative of the petitioner has refused to p[ay any surety standing as against M/S Mount Shivalik Breweries Ltd. on the ground that he does not represent the said Company. The representative even after confronted with the fact that the account of M/S Mount Shivalik Breweries Ltd. is handled by M/S Molson Coors Cobra India Pvt. Ltd. has declined to furnish any guarantee of surety on behalf of M/S Mount Shivalik Breweries Ltd. but the representative of petitioner undertakes that rest outstanding dues of Rs.2,01,13,063.00 shall be deposited subject to outcome of the Hon'ble High Court Orders.
6. That in view of fact and circumstances, Patna High Court CWJC No.4882 of 2020(9) dt.27-09-2022 5/6 the Excise Commissioner Bihar, Patna vide Letter No. 5062 dated 23.09.2022 directed the petitioner to deposit outstanding dues of Rs.10,21,04,153.00 by way of Bank Guarantee before removing the Plant and Machinaries from the State of Bihar towards the dues. The petitioner was further directed to deposit rest outstanding dues of Rs.2,01,13,063.00 subject to outcome of the writ petition.
7. That the deponent has complied the orders of this Hon'ble Court in letters and spirits. The deponent tenders unconditional apology for inconvenience caused to this Hon'ble Court and is ready and willing to comply any order passed by this Hon'ble Court in connection of this writ petition.
8. That the annexures are true/photo copies of their respective originals."
As agreed upon between the parties, with the furnishing of the bank guarantee, it would be open for the petitioner, M/s Molson Coors Cobra India Private Limited to remove and shift the plant and machinery from its premises towards destination outside the state.
Insofar as the issue of demurrage charges is concerned, the same shall be subject to the adjudication.
Re:- C.W.J.C. No. 4882 of 2020, C.W.J.C. No. 7461 of 2020, C.W.J.C. No. 7463 of 2020, C.W.J.C. No. 6561 of 2021, C.W.J.C. No. 8853 of 2021, C.W.J.C. No. 7330 of 2022 Patna High Court CWJC No.4882 of 2020(9) dt.27-09-2022 6/6 Error, typographical in nature, in our order dated 19.09.2022 is corrected. In the last line of the order, the word 'three years' be read as 'three months'.
List these cases on 13th of October, 2022 instead of 10th of October, 2022.
(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/Anjani U