RAMNARAYAN SATYANARAYAN AGRAWAL DISTILLERIES PVT LIMITED Vs. ASSOCIATED ALCOHOLS AND BREWERIES LIMITED

JUDGEMENT

(1.) LEAVE granted.

(2.) THE appellant, Ramnarayan Satyanarayan Agrawal Distilleries Pvt. Ltd., and Associated Alcohols and Breweries Ltd., the respondent No. 1, are both manufacturers of potable alcohol. THE respondent No. 1 belongs to Kedia Group of Distilleries Companies and enjoys a virtual monopoly in the manufacture of potable alcohol in the State of Madhya Pradesh along with two other business houses. According to the appellant, this monopoly continued until the judgment of this Court in the case of State of Madhya Pradesh v. Nandlal Jaiswal, AIR 1987 SC 251, in which the policy-decision of the State Government to grant licence to set up new distilleries at new sites was upheld.

(3.) THE aforesaid two orders were passed in pursuance to the appellant's application for permission to manufacture potable alcohol. THE appellant has claimed that the order dated 26-4-1993 clearly states that it shall be the responsibility of the appellant to obtain such licence/permission, as is necessary, from any other department of the Central Government and the State Government. All other distilleries in Madhya Pradesh are being run on similar terms and conditions. THE same procedure was followed by the State of Madhya Pradesh in respect of all distilleries in Madhya Pradesh, including the distilleries belonging to Associated Alcohol and Breweries Ltd., the respondent No. 1 and Anand Kumar Kedia, the respondent No. 2.