SKOL BREWERIES LTD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The provisions of Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor, Foreign Liquor, Wine and Beer) Act, 1993 (hereinafter referred to as "the Act") provided that Andhra Pradesh Beverages Corporation Limited (for brevity, "APBCL")-2nd respondent, will act as a canalizing agency or conduit through which the wholesale trade and distribution of liquor would be carried on. The validity of the Act came to be questioned in Writ Petition No. 10820 of 1993 and batch. The validity came to be upheld with certain directions by a Division Bench of this Court in the said writ petition, vide Sona Liquors (P) Ltd. v. Union of India, 1993 1 ALT 21. The Government of Andhra Pradesh conferred exclusive privilege of importing, exporting and distribution of Indian Made Foreign Liquor, to licences in the whole of the State of Andhra Pradesh on APBCL-2nd respondent. APBCL-2nd respondent intended to procure in wholesale good quality 'Beer' for supply at competitive price to licencees in the whole of State of A.P. APBCL-2nd respondent is confined only to meet the demand of the consumers and satisfying their requirements by placing appropriate orders for the various brands of beer or liquor which are demanded by the consumers.

(2.) As per the existing policy of procurement of Beer of various brands, two companies, namely United Breweries Company Limited and Skol Breweries Limited (petitioner herein) captured 81.16% of the supply to APBCL-2nd respondent. Some disputes cropped up between the two supplying companies and the 2nd respondent during the year 2008 with regard to the rate contract and ultimately, two supplying companies filed W.P. No. 23496 of 2008. Various interlocutory applications came to be moved by two supplying companies including the petitioner company. It is suffice to refer the operative portion of the order dated 24.3.2009 passed in W.P.M.P. No. 7543 and 7544 of 2009 in W.P. No. 23496 of 2008, which reads as hereunder:

(3.) Subsequently, the two supplying companies filed memo seeking withdrawal of the order dated 24.3.2009 passed in W.P.M.P. No. 7543 of 2009 in W.P. No. 23496 of 2008. The order dated 24.6.2009 whereunder orders passed in W.P. No. 7543 of 2009 came to be recalled, reads as hereunder: