Supreme Court – Daily Orders
Rajendrakumar vs Honourable Minister, Maharashtra … on 7 March, 2025
Author: Surya Kant
Bench: Surya Kant
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(Civil) No.21810/2024)
RAJENDRAKUMAR APPELLANT
VERSUS
HONOURABLE MINISTER, MAHARASHTRA
STATE EXCISE DEPARTMENT & ORS. RESPONDENTS
WITH
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(Civil) No.21762/2024)
O R D E R
1. Leave granted.
2. The appellant assails the order dated 26.08.2024
passed by the High Court of Judicature at Bombay, Nagpur
Bench, whereby his writ petitions have been dismissed and
the suspension of the Liquor Vendor License granted to
him has been upheld, apart from also imposing exemplary
costs of Rs.5,00,000/ on him.
3. The genesis of the dispute pertains to a Foreign
Liquor License (FL-II) issued under the Maharashtra
Signature Not VerifiedProhibition Act, 1949 and the business conducted
Digitally signed by
ARJUN BISHT
Date: 2025.03.08
19:00:40 IST
Reason:
thereunder. The license was originally granted in 1973
jointly in favour of the predecessor(s)-in-interest of
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respondent nos.4 to 6/private-respondents and the
appellant’s father. In 1976, the aforementioned parties
entered into a partnership and the subject-license was
thereafter issued in the name of the partnership, one M/s
Vidarbha Wine Shop and Partners. Subsequently, the
appellant lost his father in 1987, and through an
unregistered deed, he apparently joined the partnership
firm. Private respondents also lost their predecessor-in-
interest in the year 2000.
4. It seems that the appellant continued to seek
renewal of the license every year in the name of
partnership. In 2018, when the State Government mandated
that renewal would require physical presence of all
interested persons, the appellant then applied to
transfer the license in his name, but the Collector,
Akola declined to do so as the predecessor-in-interest of
the private-respondents, having expired, was
unrepresented in the partnership firm.
5. There are some other disputed facts that colour
these appeals, which need not be gone into by us keeping
in view the nature of order we propose to pass, except to
say that subsequent to the afore-stated facts, various
disputes arose between the appellant and the private-
respondents inter alia leading to registration of two
FIRs against the appellant at the behest of respondent
no.5 under Sections 420, 461, 468 and 477 of the Indian
Penal Code, 1860. The appellant was arrested; charge-
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sheet was filed and the matter is currently pending
trial.
6. Meanwhile, the subject-license granted to the
partnership firm was suspended and as noticed earlier,
challenge laid by the appellant to said suspension has
failed before the High Court. The aggrieved appellant is
before this Court.
7. Since both the above-mentioned criminal cases have
emanated out of essentially a business dispute between
the parties, we initially impressed upon them to make
efforts for amicable resolution of the dispute(s). With
the persuasion and able assistance of learned senior
counsel for both sides, and the parties also fairly
supporting the mediation efforts, we are informed that
the disputes have now been resolved by them, and a formal
deed of settlement dated 04.03.2025 has been executed by
and between the parties. A photostat copy of the
settlement deed reveals that both sides have duly signed
the same and it has been appropriately notarized.
8. The representatives of the parties are present in
Court. Their learned senior counsel reiterate that the
settlement agreement has been arrived at with the free
consent and will, as the parties want to bury all the
acrimonious disputes pending between them.
9. In terms of the settlement, the appellant has
agreed to pay a lump-sum amount of Rs.8 crores to
respondents no.4 to 6 for the use of subject-license. The
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appellant has, in this regard, handed over three demand
drafts bearing nos.498601, 498602 and 498603 dated
05.03.2025 drawn on Akola Janata Commercial Co-operative
Bank Ltd., Akola in favour of respondent nos.4, 5 and 6
in the sum of Rs.2,66,66,667- each. On receipt of the
above-stated amount of Rs.8 crore, respondent nos.4 to 6
have agreed and they hereby surrender their all rights in
respect of licenses in FL-II License No.19 in favour of
appellant.
10. Similarly, the appellant undertakes to close all
the bank accounts opened by him, where the name of late
P.T. Gavande (predecessor-in-interest of respondent nos.4
to 6) is involved. All such bank accounts will be closed
within four weeks.
11. The parties have further agreed not to initiate any
civil or criminal cases against each other.
12. As regard to the two FIRs registered against the
appellant on the complaints made by respondent no.5, the
parties have fairly agreed that the FIRs and all the
proceedings arising therefrom be quashed.
13. Again, having regard to the fact that the genesis
of the criminal prosecution in this case lies in a
largely commercial dispute, and that there is no serious
opposition on behalf of the State of Maharashtra who is
also a respondent in these matters, we find it a fit case
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to invoke our powers under Article 142 of the
Constitution of India to do complete justice between the
parties.
14. Consequently, (i) FIR No.537/2021 dated 26.11.2021
registered with City Kotwali Police Station, Akola and
RCC No.890/2024 arising therefrom, which is pending
before the Joint Judicial Magistrate First Class, Akola
and all the proceedings taken so far in that case, are
hereby quashed.
(ii) FIR No.249/2024 dated 01.08.2024 registered with
City Kotwali Police Station, Akola and all the
proceedings which have taken place so far in that case,
are hereby quashed.
(iii) Criminal Writ Petition No.845/2024, filed by the
respondent no.5 and which is pending before the High
Court of Judicature at Bombay, Nagpur Bench, is hereby
disposed of has having become infructuous.
(iv) Criminal Application No.99/2024, filed by the
respondents for cancellation of bail, and which is
pending before the High Court of Judicature at Bombay,
Nagpur Bench, is also disposed of as having become
infructuous.
(v) Criminal M.A. No.172/2025 pending before 3rd
Judicial Magistrate First Class, Akola, titled “Amit
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Purushottam Gawande and Ors. vs. Rajendrakumar and Ors.”
along with all the proceedings that may have taken place
in that case, are hereby quashed.
(vi) If any complaint/case/application moved by the
parties against each other is pending before the police
or civil Authorities, the same shall also be deemed to
have been disposed of as infructuous.
(vii) As a sequel to the settlement and the directions
issued hereinabove, the impugned judgment of the High
Court dated 26.08.2024 passed in Writ Petition Nos.5636-
5637/2023 is hereby set aside and both the writ petitions
are disposed of as having become infructuous.
(viii) The appellant shall, accordingly, be entitled to
seek renewal of the subject-license for which, necessary
cooperation shall be extended by respondent nos.4 to 6.
15. At this juncture, we are also informed that some
bank officials have also been suspected to be involved in
the above-stated criminal cases. Since, the parties have
amicably resolved their disputes, the appellant will
supply a copy of this order to the concerned bank(s) to
enable the bank/their officials to avail appropriate
remedy to close the matters qua them as well.
16. It is directed that the parties inter se or any
other third party shall not initiate any case against the
appellant or respondent nos.4 to 6 on the basis of the
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root cause, which now stands amicably resolved. The
Prescribed Authority shall decide the matter relating to
renewal of subject-license expeditiously, and without any
delay.
17. The appeals are disposed of in the above terms.
……………………..J.
(SURYA KANT)
……………………..J.
(NONGMEIKAPAM KOTISWAR SINGH)
New Delhi;
March 07, 2025
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ITEM NO.46 COURT NO.3 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).21810/2024
[Arising out of impugned final judgment and order dated 26-08-2024
in WP No.5636/2023 passed by the High Court of Judicature at Bombay
at Nagpur]
RAJENDRAKUMAR Petitioner(s)
VERSUS
HONOURABLE MINISTER, MAHARASHTRA
STATE EXCISE DEPARTMENT & ORS. Respondent(s)
(IA No.214527/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.214529/2024-EXEMPTION FROM FILING O.T. and IA
No.214526/2024-PERMISSION TO FILE LENGTHY LIST OF DATES, IA
No.298906/2024 – EXEMPTION FROM FILING O.T., IA No. 298905/2024 –
PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS)
WITH
SLP(C) No.21762/2024 (IX)
(IA No. 213327/2024 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 213328/2024 – EXEMPTION FROM FILING O.T., IA
No.213326/2024 – PERMISSION TO FILE LENGTHY LIST OF DATES)
Date : 07-03-2025 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s) :Mr. Kapil Sibal, Sr. Adv.
Mr. Anand Rajan Deshpande, Adv.
Mr. Shrirang Katneshwarkar, Adv.
Mr. Nishant Ramakantrao Katneshwarkar, AOR
For Respondent(s) :Ms. Meenakshi Arora, Sr. Adv.
Ms. Sakshi Kakkar, AOR
Mr. Shakti Singh, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
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The appeals are disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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