CTI INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner by filing this writ petition under Article 226 of the Constitution of India prays for the following reliefs:

(2.) With the consent of the parties the writ petition has been heard with a view to final disposal at the stage of admission on completion of pleadings.

(3.) The facts of the case briefly stated is that the petitioner is a Company incorporated under the Companies Act, 1956 having its registered office at 50, Chowringhee Road, ISSCO House, Block B, 10th Floor, Kolkata. The petitioner is engaged in the business of providing transportation services to its clients and during which course it transports different goods to different parts of the Country. The case of the petitioner is that it is in one such course of transportation that the petitioner entered into an agreement with the United Breweries Limited for transportation of its goods/ beer through the designated routes as indicated in the transport permits. A copy of the agreement is enclosed at Annexure 1 to the writ petition. It is the case of the petitioner that it is based on such agreement that the petitioner had hired a Tata 407 vehicle bearing registration No. WB 89/0104 for transportation of 300 cases of beer (220 cases of Kalyani Black Label Strong Beer and 80 cases of Kingfisher Extra Strong Premium Beer, each packed in 500 ml. Can). The beer owned by M/s United Breweries Ltd. was manufactured at the contract brewery namely M/s Celebrity Breweries Pvt. Ltd., Mauza AIMA and Somsar, P.S. Dadpur, Hooghly, in the State of West Bengal and was to be transported to BEVCO Warehouse of the West Bengal State Beverage Corporation Limited, Siliguri, West Bengal.