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2011 Supreme(SC) 600

MUKUNDAKAM SHARMA, ANIL R.DAVE
Hindustan Coca-Cola Beverage Pvt. Ltd. – Appellant
Versus
Sangli Miraj & Kupwad Municipal Corporation – Respondent


JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Delay condoned.

2. Leave granted.

3. As both the appeals involve identical question of law the same were heard together and are disposed of by this common judgment. Both the present Civil Appeals are filed against the judgment dated 08.10.2010 in the Writ Petition No. 5510 of 2010 and against the judgment dated 08.10.2010 in the Writ Petition No. 5867 of 2010, passed by the Division Bench of the High Court of Judicature at Bombay whereby the Division Bench has dismissed the writ petitions filed by the appellants herein challenging the validity of the bill issued by the Respondent Corporation, levying and demanding octroi from the appellants on glass bottles and crates.

4. In the Civil Appeal filed against the judgment dated 08.10.2010 in the Writ Petition No. 5510 of 2010 the appellant company is, inter alia, engaged in the manufacture of aerated beverages marketed under different brands. The products of the company are distributed from its plant located at Pirangut Taluka, Mulshi, District Pune to amongst other places like Sangli Miraj and Kupwad.

5. According to the appellant, their products are distributed and sold in returnable and reusab





























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