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2009 Supreme(Pat) 748

J.B.KOSHY, RAVI RANJAN
United Breweries Limited, A Company Incorporated Under The Provisions Of The Companies Act, 1956 Through Its Branch Manager And Authorised Signatory Mea Usmani Son Of Md. Aslam – Appellant
Versus
State Of Bihar Through The Secretary, Excise And Prohibition And Registration Department – Respondent


JUDGEMENT

J.B.Koshy, J.

1. The challenge in this writ application is against the order of the Managing Director of the Bihar State Beverages Corporation Ltd (the Corporation, in short) directing recovery of amounts from the running business of the petitioner for payment of the same to the fifth respondent. According to the petitioner, the order is unfair, arbitrary, unreasonable, intended to enrich the fifth respondent without any authority of law, without jurisdiction and against the provisions of the Liquor Sourcing Policy (the Liquor Policy, for brevity).

2. The Corporation was established by the State Government as a fully owned Government company entrusted with the monopolistic privilege of wholesale supply of liquor in the State of Bihar. The Corporation had framed its own policy and incorporated terms and conditions in the agreement executed between the manufacturers and suppliers of liquor. Annexure - 1 is the liquor policy of 2006 which was executed by the petitioner and the fifth respondent. As per the agreement, the terms and conditions incorporated in the agreement are binding on the parties. The petitioner and the fifth respondent are engaged in the manufacture and supp
































































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