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TMI Blog2013 (9) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... e time, he was also running the business of sale of liquor in retail benami in the name of respondent Nos. 5 and 6, for which entire licence fee, bank guarantee etc had been given/deposited by him. Petitioner had agreed in the compromise, entered between him and respondent Nos. 5 and 6, that any liability in relation to excise licence to any department will be borne by the plaintiff-petitioner in respect of FL-2 licence, he cannot escape from the liability to repay the amount, which was actually deposited by him and refunded to him. It is not his case that the amount refunded by the Excise Department was not received by him. The petitioner himself was running the business benami through respondent Nos. 5 and 6. He has deposited the licen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iram - respondent Nos. 5 and 6 became entitled for refund of the entire amount. Since the petitioner deposited the amount, on behalf of respondent Nos. 5 and 6, a Civil Suit No. 506 of 2000 was filed by him impleading Sri Pradeep Kumar and Sri Kashiram - respondent Nos. 5 and 6, as well as State of U.P., and Excise Commissioner, for decree to refund the amount to respondent Nos. 5 and 6. During the pendency of the suit, a compromise was arrived at on 30.09.2003, between the plaintiff Sri Ravindra Talwar (the petitioner in this writ petition) and Sri Pradeep Kumar and Sri Kashiram - respondent Nos. 5 and 6, in which they agreed that the amount deposited by the Excise Department as refund in the Civil Court will be released in the manner that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hare Vs. State of U.P. And others), and directed that the assessed fee, which has been refunded to Sri Gopal Singh, Sri Kashi Ram and Sri Pradeep Kumar may be recovered from them in a proportion as given in the table appended to the order with 18 % interest. The Excise Commissioner clarified that so far as the amount deposited by Sri Kashi Ram and Sri Pradeep Kumar is concerned, namely, the amount of Rs.3,71,880.80 and Rs.1,88,424.80, the said amount was refunded to Sri Ravindra Kumar Talwar Son of Mool Raj Talwar - the petitioner in pursuance to the order passed by the Additional Civil Judge, (Senior Division), Court No.3, Saharanpur, in Suit no. 506 of 2000 and thus this amount is to be recovered from Ravindra Kumar Talwar - the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he injunction application in the Suit is still pending. Secondly, we find that in view of the averments made by the petitioner in paragraph Nos. 1 and 2 of the plaint, he is not entitled for any relief. In paragraph No.1 of the plaint of the Suit No. 369 of 2013, the petitioner has stated that in the year 1983-84, he had obtained FL 5 licence under which the plaintiff had a right to sell all type of liquors in whole sale in the District. In paragraph No.2, it is stated that in the year 1983-94, Sri Pradeep Kumar and Sri Kashiram - the defendant Nos. 4 and 5 (respondent Nos. 5 and 6 in the writ petition) had obtained FL-2 licence under which they carried the business for some time. The bank guarantee, which was to be given by defendant-respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entitled to refund of entire amount, in pursuance to the orders of the Supreme court. 9. We find that the petitioner claims to be running the entire business of liquor in the district Saharanpur as a whole sale licencee and has also obtained FL-2 licence benami in the name of respondent Nos. 5 and 6, for which power of attorney was executed in his favour. He also alleged that the arrangement entered into between him and respondent Nos. 5 and 6 was a private arrangement under which the money deposited was refunded, and thus he cannot be liable to repay the amount, after the levy was made valid with retrospective effect. 10. We are unable to appreciate as to how a licence granted under the U.P. Excise Act could be sub-let on the strength ..... X X X X Extracts X X X X X X X X Extracts X X X X
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