2011 (7) TMI 777

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....; A.G. Mujumdar, AGP, A.K. Chaube, Counsel for the Respondent   JUDGMENT   1) This writ petition challenges the order dated 23.12.2008, passed by the Minister, Department of State Excise, Mumbai, setting aside the order dated 12.10.1999, passed by the Collector, Washim and the order dated 31.7.2002, passed by the Commissioner, State Excise, Maharashtra State, Mumbai.   2) The Co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n, the Minister, Department of State Excise, Mumbai, has, recorded the finding, that the dispute in respect of the partnership, is required to be adjudicated by the competent Civil Court and hence, the said aspect, cannot be gone into by him. However, keeping in view the revenue loss, the licence in the name of original licence holder Shri Bhagwan Bhawrilal Dagadia, has been restored without charg....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he petitioner was included as a partner. The petitioner was having 80% of share, while the respondent nos.4 was having 20% of share. It is also not disputed that in the licence, the entries of the partners were accordingly taken.   5) Section 40 (1A) of the Bombay Foreign Liquor Rules, 1953, in Appendix 2, states that except with the previous sanction of the [Collector], no person recognised....