Pernod Ricard India Pvt. Ltd v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 225 of 2019 • Pernod Ricard India Pvt. Ltd Through Its Duly Constituted Attorney, Fifth Floor, D3, District- Center Saket, New Delhi.............. ---- Applicant

Versus

1. State Of Chhattisgarh Through The Secretary, Excise And Commercial Tax Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh...............(Res. No.1)

2. Excise Commissioner Government Of Chhattisgarh Labhandi, Chokranala, Raipur, District- Raipur, Chhattisgarh.......(Res. No.2)

3. Chhattisgarh State Marketing Corporation Limited Through Its Managing Director, Labhandi Chokranala, Raipur, Dist- Raipur (CG) ..............(Res. No.3),

4. Chhattisgarh State Beverages Corporation Limited Through Its General Manager, Labhandi Chokranala, Raipur, District- Raipur (CG).......(Res. No.4) ---- Respondents For Applicant :

Dr. N.K. Shukla, Senior Advocate assisted by Mr. Abhishek Sinha & Mr. Amit Buxy, Advocates For Respondents No.1 to 3:

Mr. R.S. Baghel, Dy. Advocate General.

For Respondent No.4 :

Mr. Rajeev Shrivastava, Advocate Hon'ble Shri Ajay Kumar Tripathi, CJ Hon'ble Shri Parth Prateem Sahu, J Order on Board Per Ajay Kumar Tripathi, CJ 12/03/2019

1. For the reasons indicated in the restoration application, especially in Para-6, we are of the opinion that the circumstances under which the applicant, who was appellant in WA No.802/18 and was allowed to withdraw its appeal, may require a re-look keeping in mind that the State still wants to argue its appeal bearing WA No.817/2018 on the decision rendered by the learned Single Judge.

2. In the circumstance noticed above, W.A. No.802/18 is permitted to be restored back which will be heard along with appeal of the State on its own merit. Order dated 14.2.2019 earlier passed in WA No.802/2018 to that extent stands modified. Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge roshan/-