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2011 Supreme(P&H) 2085

RAKESH KUMAR JAIN
Suresh Kumar Jindal – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. A.P.S. Doel, Sr. Advocate, with Mr. Rajiv Kumar Trikha, Advocate.
For the Respondent: Mr. Sagar Deswal, AAG, Haryana.
For the Respondent No.2:Mr. G.L. Rawal, Sr. Advocate, with Mr. Ajay Ghanghas, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.: (Oral) - This is a petition for pre-arrest bail in a case registered vide FIR No.230 dated 11.4.2011 under Sections 420, 406, 467, 323, 357, 506 & 338 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Ballabgarh City, District Faridabad.

2. The petitioners are the partners of firm M/s J.D. Wines, who have L1 & L2 license for the year 2009-2010 issued by the Government of Haryana for the purpose of sale of liquor/beer at their 69/70 outlets in Gurgaon.

3. The dispute in the present case is with M/s SKOL Breweries Ltd., who is the manufacturer of various brands of beers. The said manufacturer entered into an agreement on 01.04.2009 with M/s Mahalaxmi Traders (respondent No.2), who expressed its interest to be appointed as promoter and Del Credere agent. Respondent No.2 was to operate in the territory of Haryana and as per Clause 2.2 of the agreement it was to obtain orders for sale of product of the manufacturer at their prices stipulated in writing from time to time. Respondent No.2 was also liable to collect money from parties to whom goods were sold/dispatched and was to suffer bad debts for which manufacturer was not responsib






















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