Madhya Pradesh High Court: In a writ petition challenging the authenticity and execution of documents for handing over a substantial stock of liquor to respondent 5, a Division bench of Suresh Kumar Kait, CJ., and Vivek Jain, J., issued a fresh bailable warrant of Rs. 25,000/- each against the three signatories to ensure their presence on the next date of the hearing.
The instant matter involves a dispute regarding the alleged transfer and receipt of remainder stock of liquor and subsequent liability for payment of excise duty. A Panchanama had been prepared documenting receipt of the stock by three individuals (three signatories) who were allegedly not representatives of respondent 5. It was stated that one of the signatories was an ex-employee of respondent 5, but the signature allegedly belonged to a different individual of the same name.
Despite denying receipt of the remainder stock, respondent 5 had deposited the excise duty, claiming it was done under duress after receiving a communication from the Excise Department on 08-05-2024, threatening forfeiture of his bank guarantee. He also admitted to paying Rs. 25,00,000/- to the petitioner as a compromise against a demand of Rs. 1.52 crores.
The Court was not satisfied with the explanation as there was no direction from the court or authority for such payment, and the case was still sub judice. The Court issued a fresh bailable warrant of Rs. 25,000/- each against the three signatories, to be executed by the Superintendent of Police, Jabalpur to ensure their presence on the next date of hearing.
The Court rejected respondent 5’s senior advocate application to recall observations in paragraphs 9 and 10 of the Court’s earlier order dated 07-04-2025. The Court in its order dated 07-04-2025 directed the Registrar General to place this matter before the Full Court to reconsider the designation of Shri Ruprah as Senior Advocate. The Court recorded that although an unconditional apology was tendered, it could not be accepted in light of the prior incident. The Court listed the matter for further hearing on 17-04-2025.
[Maa Narmada Associates v. State of M.P., WP No. 39118 of 2024, Decided on 09-04-2025]
Advocates who appeared in this case :
Shri Rajesh Maindiratta, Shri R.N. Singh and Shri Sanjay Agrawal, Senior Advocates along with Shri Akshay Pawar, Counsel for the Petitioner
Shri Brian D’Silva, Senior Advocate with Shri S. S. Oberoi and Shri Navtej Singh Ruprah, Counsel for the Respondent 5
Shri Amit Seth, Additional Advocate General for State, Counsel for the Respondent/State
