M/S Globus Spirits Limited v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10950 of 2016 ====================================================== M/s Globus Spirits Limited, having registered office at A-46, New Friends Colony, (East) New Delhi through its Authorized Signatory Pawan Kumar Singh, aged about 51 years, son of Late Rayeesh Kumar Singh, resident of Jagdishpur, P.S. Mufassil, District Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar, through the Principle Secretary, Excise and Prohibition, Government of Bihar, Patna 2.

The Excise Commissioner, Excise and Prohibition, Government of Bihar, Patna.

3.

The Bihar State Beverage Corporation Limited, A Government of Bihar Undertaking having its registered office at Eastern Wing, 1st Floor, Vidyut Bhawan, Patna through its Managing Director.

4.

The Managing Director, The Bihar State Beverage Corporation Limited, having its registered office at Eastern Wing, 1st Floor, Vidyut Bhawan, Patna. 5.

The Depot Manager, Bihar State Beverage Corporation Limited, Patna. 6.

The Depot Manager, Bihar State Beverage Corporation Limited, Sasaram. 7.

The Depot Manager, Bihar State Beverage Corporation Limited, Jamui. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyabir Bharti, Advocate Mr. Ashish Giri, Advocate For the State :

Mr. Vikas Kumar, SC-11 Mr. Sriram Krishna, AC to S.C.-11 For Beverage Corp.

:

Mr. Vikas Kumar, Advocate Mr. Girijesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 07-11-2023 In this petition, petitioner has prayed for the following reliefs:- "I. Directing the respondents i.e. the State Government/ Bihar State Beverage Corporation Limited to make payment of the sale price of

Patna High Court CWJC No.10950 of 2016 dt.07-11-2023 2/3 country liquor totalling 122563.68 LPL valued at Rs.1,78,62,779.52, supplied by the petitioner to the Patna, Gaya, Aurangabad and Jamui Depots of Bihar State Beverage Corporation Limited under a statutory contract executed between the petitioner and the State Government;

II. To hold that the aforesaid inaction of the respondents in making payment of the supply price of country liquor which was supplied by the petitioner on a requisition made by the Bihar State Beverage Corporation Limited and orders of the State Government is illegal, arbitrary and unreasonable;

III. To direct the respondents to pay interest @ 18% on the aforesaid quantity supplied but not paid from March, 2016 till the date of its actual payment;

IV. For issuance of such other writ(s), order(s), direction(s) as your Lordships may deem fit and proper."

2.

In support of the aforementioned reliefs, petitioner has submitted letters dated 16.05.2016 vide Annexure-8 (series). The concerned respondents have not passed any order either accepting or rejecting the petitioner's claim and on the matter for the last about six years. 3.

Learned counsel submitted that in identical matter, this Court has allowed and certain payments have been

Patna High Court CWJC No.10950 of 2016 dt.07-11-2023 3/3 made to the concerned parties.

4.

Taking note of the these facts and circumstances, the petitioner is hereby directed to file additional representation or application in support of the claim including any decision of this Court and produce the same so as to enable the concerned authority to decide the claim of the petitioner read with the decision of this Court. The concerned authority is hereby directed to take a decision while passing a detailed speaking order and communicate the same. The above exercise shall be completed within a period of eight weeks from the date of the receipt of additional representation/application on behalf of the petitioner.

5.

With the above observations, the present writ petition stands disposed of.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) Brajesh Kumar/- AFR/NAFR CAV DATE Uploading Date 11.11.2023 Transmission Date