M/S Pernod Ricard India P Ltd. Thr. vs The State Of Madhya Pradesh
2021 Latest Caselaw 1013 MP

                                      1                                 WP-5492-2021
          The High Court Of Madhya Pradesh
                     WP-5492-2021
     (M/S PERNOD RICARD INDIA P LTD. THR. Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 23-03-2021
        Shri K.N. Gupta Sr. Advocate (through video conferencing) with Shri
Rahul Bansal, Advocate for the petitioner.
        Shri Deepak Khot, Govt. Advocate for the respondents/State.

It is submitted by the counsel for the petitioner that M.P. Foreign Liquor Rules, 1996 were amended in the year 2011, and accordingly dispute

arose as to whether the said amendment is prospective or retrospective in nature. The writ petition was decided in favour of the petitioner by order dated 01.12.2015 passed in M.P. No.301/2014. However, the said order was challenged by the State in W.A. No.425/2016 and it was held that the amendment carried out on 29th of March, 2011 will apply to licenses granted thereafter and not in respect of licenses granted earlier and accordingly, it was held that the amendment carried out in the year 2011 is prospective in nature. The order passed by the Writ Court has been challenged by the petitioner in SLP (Civil) No. 26571-26608/2017 and the said SLP is still pending and there

is satay of operation and implementation of the impugned judgment passed by the Writ Appellate Court.

Accordingly, the petition is adjourned sine die with liberty to make mention after the aforesaid SLP is decided.

(G.S. AHLUWALIA) JUDGE

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ABDUR RAHMAN 2021.03.24 10:08:15 +05'30'