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2013 Supreme(Pat) 931

R.M.DOSHIT, ASHWANI KUMAR SINGH
United Breweries Limited – Appellant
Versus
Bihar State Beverage Corporation Limited, a Government of Bihar undertaking – Respondent


Advocates Appeared:
For the Appellant : M/s Jitendra Singh, Satyabir Bharti.
For the Corporation: M/s Lalit Kishore, Girijesh Kumar.

JUDGMENT

This petition under Article 226 of the Constitution is filed by United Breweries Limited (hereinafter referred to as "the Company"), a Company registered under the Companies Act, 1956, engaged in manufacture of beer under different brand names. The petitioner has approached this Court against the alleged highhanded action of the respondent-Bihar State Beverage Corporation Limited (hereinafter referred to as 'the Corporation') in charging extension fee, cancellation fee, demurrage' etc. in respect of the offer for supply of a quantity of beer not accepted by the Company.

2. It appears that the procurement and supply of liquor in the State of Bihar is controlled by the State of Bihar. In 2006, the State of Bihar established the respondent-Bihar State Beverage Corporation Limited, a company registered under the Companies Act, 1956 to regulate the procurement and supply of liquor in the State of Bihar; to control the supply and sale of illicit liquor; to control the exploitation of the consumers and to generate revenue for the State. It is not in dispute that the Corporation is wholly owned by the State of Bihar and is a 'State' within the meaning of Article 12 of the Constitut






































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