Patna High CourtCWJC/7467/2020disposed

Molson Coors India Pvt. Ltd. v. The State Of Bihar

2024-03-20Mr. Justice P. B. Bajanthri,Mr. Justice Arun Kumar Jha6 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7463 of 2020 Malson Coors Cobra India Pvt. Ltd. a registered Company incorporated under the Companies Act, 1956 having its registered office at 501, DLF Tower-B, District Centre Jasola, New Delhi- 110 025 through its authorized signatory Sri Santosh Kumar Gupta, Male, aged 44 years, son of Late Gupteshwar Prasad Gupta, resident of 88, Near Lal Chowk, Jai Ram Nagar, P.O. and P.S. Khagaul, Dist- Patna- 80105.

Jawaharlal Nehru Marg, Patna 800001 through its Managing Director. The General Manger, Operation- I, The Bihar State Beverage Corporation Limited, a Government of Bihar Enterprises, having its registered Office at with Civil Writ Jurisdiction Case No. 7467 of 2020 Molson Coors India Pvt. Ltd. (Formely Mount Shivalik Breweries Pvt Ltd) a registered company incorporated under the Companies Act, 1956 having its corporate office at 501, DLF Tower-B, District Centre Jasola, New Delhi110025 through its authorized signatory Sri Santosh Kumar Gupta, Male, aged 44 years, Son of Late Gupteshwar Prasad Gupta, resident of 88, Near Lal Chowk, Jai Ram Nagar, P.O. and P.S.- Khagaul, Dist.- Patna- 80105. The State of Bihar Through the Principal Secretary, Registration, Excise and The Excise Commissioner Bihar, Patna.

The Assistant Commissioner of Excise Patna.

The Bihar State Beverage Corporation Limited A Government of Bihar Enterprises, having its registered office at 1 st Floor, Vidyut Bhawan-II, The General Manager Operation-I, The Bihar State Beverage Corporation Limited, A Government of Bihar Enterprises, having its registered office at 1 st Floor, Vidyut Bhawan-II, Jawaharlal Nehru Marg, Patna- 800001. with Civil Writ Jurisdiction Case No. 4652 of 2021

2/6 United Breweries Limited a registered company incorporated under the Companies Act, 1956 having its registered office at U.B. Tower, U.B. City No. 24, Vittal Mallya Road, Bangalore- 560001 and factory at Plot No. A 1, Industrial Area, Kopakala, P.S.- Naubatpur, District- Patna through its Authorized Signatory Amarish Kumar Singh, Male, aged about 40 years, son of Sri Rais Pal Singh, resident of 114, Lohia Vihar, Sector 9, Indira Nagar, Lucknow, Uttar Pradesh- 226016.

The General Manager, Operation- I, The Bihar State Beverage Corporation Limited, a Government of Bihar Enterprises, having its registered office at with Civil Writ Jurisdiction Case No. 8853 of 2021 Colona Blenders and Bottlers (India) Pvt. Ltd. a private limited company having its registered office at Janki Vila, Basant Vihar Colony, Boring Road, Patna- 800001, through its authorized Signatory Ranjeet Kumar Singh, Male, aged 35 years, son of Shri Rajeshwar Prasad Singh, resident of Eliza10, P.S. Uttar Para, Hoogly, West Bengal- 712233. Anusuya Blenders Pvt. Ltd. a private limited company having its registered office at Goldar Patti, Nath Nagar, Bhagalpur, Bihar, through its authorized Signatory Ranjeet Kumar Singh, Male, aged 35 years, son of Shri Rajeshwar Prasad Singh, resident of Eliza- 10, P.S. Uttar Para, Hoogly, West Bengal712233.

Chitwan Blenders and Bottlers Pvt. Ltd. a private limited company having its registered office at Khagaul Road, Danapur- 801503, Patna, Bihar, through its authorized Signatory Ranjeet Kumar Singh, Male, aged 35 years, son of Shri Rajeshwar Prasad Singh, resident of Eliza- 10, P.S.- Uttar Para, Hoogly, West Bengal- 712233.

Saibya Liquors Private Ltd. a private limited company having its registered office at 91, Koat Bazaar, Sitamarhi, Bihar- 843302, through its authorized Signatory Ranjeet Kumar Singh, Male, aged 35 years, son of Shri Rajeshwar Prasad Singh, resident of Eliza- 10, P.S. Uttar Para, Hoogly, West Bengal712233. Allied Blenders and Distillers Pvt. Ltd., a private limited company having its registered office at 394-C, Lamington Chambers, Lamington Road, Mumbai- 400004 through its authorized Signatory Ranjeet Kumar Singh,

3/6 Male, aged 35 years, son of Shri Rajeshwar Prasad Singh, resident of Eliza10, P.S. Uttar Para, Hoogly, West Bengal- 712233. The General Manager, Operation- I, The Bihar State Beverage Corporation Limited, a Government of Bihar Enterprises, having its registered office at Appearance :

(In Civil Writ Jurisdiction Case No. 7463 of 2020) For the Petitioner/s :

Mr. Satyabir Bharti, Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya, Advocate For the State/BSBCL :

Mr. Lalit Kishore, Sr. Advocate assisted by Mr. Girijish Kumar, Advocate Mr. Vikash Kumar, Advocate Mr. Vivek Prasad, GP 7 Ms. Roona, AC to GP 7 Mr. Sanjay Kumar, AC to GP 7 (In Civil Writ Jurisdiction Case No. 7467 of 2020) For the Petitioner/s :

Mr. Satyabir Bharti, Advocate Mr. Abhishek Anand, Advocate Ms. Kanupriya, Advocate For the State/BSBCL :

Mr. Lalit Kishore, Sr. Advocate assisted by Mr. Girijish Kumar, Advocate

4/6 Mr. Vikash Kumar, Advocate Mr. Vivek Prasad, GP 7 Ms. Roona, AC to GP 7 Mr. Sanjay Kumar, AC to GP 7 CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 20-03-2024 In all these four matters, issue is relating to levy of demurrages and such determined demurrages was to be adjusted with the deposited amount pursuant to the tender notification dated 12.03.2016. The demurrage period is stated to be for the period from 05.04.2016 to 31.07.2017. Bihar State Beverage Corporation Limited (hereinafter referred to as 'BSBCL') have floated Liquor Sourcing Policy for the year 2016 - 2017 under Paragraph No. 3 namely submission of initial documents, Clause (d) would suffice to adjust demurrages to that of deposits. On the other hand, learned counsel for the petitioners pointed out Clauses 4 and 5 which are relating to Acceptance of proposals and Execution of contract documents etc. Be that as it may, Clause 24 is relating to Dues recovery process and it reads as under:

"24. Dues recovery process Any outstanding liability or dues since the inception of BSBCL, not honoured by the manufacturer/suppliers shall be treated as public

5/6 demand under Bihar & Orissa Public Demand Recovery Act and it shall be recovered by the procedure laid down for the same in the Bihar & Orissa Public Demand Recovery Act."

2. The respondents - BSBCL counsel have not pointed out any other provision so as to support their impugned decision insofar as levying demurrages read with the adjustment of demurrages towards security deposit made by the respective petitioners with reference to participation in the tender process dated 12.03.2016. Therefore, impugned actions are not in terms of conditions stipulated in the Liquor Sourcing Policy for the year 2016 - 2017. On other hand, BSBCL have not resorted to Clause 24 cited supra. Thus the petitioners have made out a case so as to interfere with the impugned order dated 13.08.2019 as contained in Memo No. Op-1/103/13-14/460 passed in CWJC No. 7463 of 2020 and CWJC No. 7467 of 2020, order dated 26.09.2019 as contained in letter no. 567 passed in CWJC No. 4652 of 2021, order dated 26.09.2019 (Annexure 16) passed in CWJC No. 8853 of 2021. Accordingly, they are set aside.

3. Reserving liberty to the BSBCL to proceed afresh insofar as levying of demurrages. In this regard, detailed show cause notice shall be issued to each of the petitioner supported by documents. On receipt of such notice, each of the petitioner has to

6/6 furnish their explanation within one month from the date of receipt of such notice. Thereafter, the concerned authority is hereby directed to proceed to pass order after due consideration of each of the contention to be raised by each of the petitioner and pass a detailed speaking order. The above exercise shall be undertaken within a period of six months from today.

4. Each petitioner is entitled to refund of deposited amount, pursuant to the tender notification dated 12.03.2016. Such deposited amount lying with the BSBCL shall be disbursed in favour of the petitioners after following due procedure within a period of two months from the date of receipt of this order.

5. Accordingly, writ petitions stand disposed of. (P. B. Bajanthri, J) (Arun Kumar Jha, J) GAURAV S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.03.2024 Transmission Date NA