A.P.SEN, A.V.VARADARAJAN
Chingleput Bottlers: State Of T. N. – Appellant
Versus
Majestic Bottling Company – Respondent
JUDGMENT
SEN, J.— These appeals by special leave directed against a judgment of a Division Bench of the Madras High Court dated July 7, 1983 upholding the judgment and order of a learned single Judge dated June 13, 1983 relate to the grant of a licence for the manufacturing and supplying of bottled arrack to the wholesale and retail licensees for the Chingleput district under Rule 7 of the Tamil Nadu Arrack (Manufacture) Rules, 1981 (Rules for short) framed under the Tamil Nadu Prohibition Act, 1937 (Act for short). These appeals raise separate and distinct questions and must therefore receive separate consideration.
2. Put very shortly, the essential facts are these. On May 28, 1982. one O. H. Kumar carrying on business under the name and style of Messrs Three Star Bottling Company surrendered his licence for the manufacture and supply of bottled arrack for the Chingleput district for the financial year 1982-83. The Commissioner of Prohibition and Excise, Madras called for applications from intending persons for the grant of the licence. In response to the notice issued by the Commissioner under Rule 3 (2) of the Rules, there were two applications filed under Rule 5 in Form 1, name
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