RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits RED HERRING PROSPECTUS Dated August 24 ... - Globus Spirits

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ecovery of the amount of cess payable has been stayed on a bank guarantee given by M/s. Associated Distilleries Ltd. in accordance with the order of the Court. 2. M/s. Associated Distilleries Ltd. Vs. State of Haryana & Others Additional District and Sessions Judge (Fast Track), Hisar. Associated Distilleries Ltd. has laid down PVC pipeline through Public Works Department / Forest Land for carrying its trade effluent in the fields. The pipelines were dismantled by the Public Works Department. Associated Distilleries Ltd. has filed a suit against removal of its PVC Pipelines against the Public Works Department. Can’t be quantified. N/A Next hearing is fixed on November 16, 2009 for arguments on the application for amendment of plaint by the parties. . 3. M/s. Associated Distilleries Ltd. Vs. Haryana State Pollution Control Board (HSPCB) Appellate Committee constituted under the Water (Prevention and Control of Pollution) Cess Act, 1977 and Rules made thereunder. Member Secretary / Assessing Authority, HSPCB issued an order on 27.6.2001 for recovery of Cess for the period 1.5.1997 to 14.6.2001 under Water (Prevention and Control of Pollution) Cess Act, 1977 on M/s. Associated Distilleries Ltd. M/s. Associated Distilleries Ltd appealed against issuance of orders for recovery on the grounds that the cess assessment was incorrect and the cess verification was done without complying with the provisions of the Act. Rs. 2,71,498 /- as Cess. In case of an adverse decision, Associated Distilleries will have to pay the whole amount of cess. Next hearing is fixed for arguments by the parties. Date will be fixed later. (b) Writ Petitions Sl. No. Parties/ Case no. / Court 4. Associated Distilleries Ltd. Vs. State of Haryana & The Prohibition and Excise Commissioner, Haryana C.W.P 11641 OF 1997 Particulars of the Case A notification under Section 57A of the Punjab Excise Act, 1914 was issued by the Commissioner and Secretary, Prohibition and Excise on 21.3.1995 whereby the condition of use of old and new quart sized bottles in the ratio of 50:50 was laid for the packaging of liquor. Amount Involved Rs. 27,63,894 /- of penalty Financial or other impact on the Company in case of an adverse decision In case of an adverse decision, Associated Distilleries will have to pay the whole amount of penalty. Present Status Final Arguments have been completed and the Case has to come for final hearing. Date to be fixed later. 203

High Court of Punjab And Haryana at Chandigarh. 5. Associated Distilleries Ltd. Vs. Excise & Taxation Commissioner, Haryana, Chandigarh Excise & Taxation Commissioner, Haryana, Chandigarh. A notice was issued on Associated Distilleries Ltd. in the year 1995-96 imposing penalty for alleged non-compliance of the notification by the department which was confirmed by the Commissioner. A writ petition was filed by Associated Distilleries Ltd. in the High court claiming that the notification was ultra vires and on the ground that there was a shortage of new bottles for packaging of liquor and therefore old bottles were used. In the interim, Associated Distilleries Ltd. also filed a Special Leave Petition in the Hon’ble Supreme Court of India against the order dated 13.10.1997 of the Hon’ble High Court asking for the payment of whole amount of penalty. The Hon’ble Supreme court directed Associated Distilleries to deposit Rs 10,00,000 and ordered that the rest of the issue is to be decided by the Hon’ble High Court . The Government provided for the ratio of filling old and new bottles and on account of excess filling of old bottles, the recovery orders were passed by Excise & Taxation Commissioner, Haryana. Rs. 11,11,279 of penalty. In case of an adverse decision, Associated Distilleries will have to pay the whole amount of penalty. Adjourned till disposal of Case No. C.W.P 11641/199 7 as the point issue similar. in is (c) Recovery Suits Sl. No. Parties/ Case no. / Court 6. Associated Distilleries Ltd. Vs. Essar Liquor and Ors. Suit No. 153 of 2002. Civil Judge, Tis Hazari, Particulars of the Case Associated Distilleries Ltd. appointed M/s Essar Liquor as the marketing agent for North Eastern Territory for sale of Indian Made Foreign Liquor by an agreement dated 29.11.1999 according to Amount involved Rs.2,33,780.50 (Rs. 2,14,477.50 plus Rs. 19303/- towards interest) Financial or other impact on the Company in case of an adverse decision In case of an adverse decision or the Associated Distilleries will suffer the loss of the amount not paid. Present Status Matter is pending for evidence of Defendants. Next date of hearing September 7, 2009 204

ecovery of the amount of<br />

cess payable has been<br />

stayed on a bank guarantee<br />

given by M/s. Associated<br />

Distilleries Ltd. in<br />

accordance with the order of<br />

the Court.<br />

2. M/s. Associated<br />

Distilleries Ltd.<br />

Vs.<br />

State of Haryana &<br />

Others<br />

Additional District and<br />

Sessions Judge (Fast<br />

Track), Hisar.<br />

Associated Distilleries Ltd.<br />

has laid down PVC pipeline<br />

through Public Works<br />

Department / Forest Land<br />

for carrying its trade<br />

effluent in the fields.<br />

The pipelines were<br />

dismantled by the Public<br />

Works Department.<br />

Associated Distilleries Ltd.<br />

has filed a suit against<br />

removal of its PVC Pipelines<br />

against the Public Works<br />

Department.<br />

Can’t be<br />

quantified.<br />

N/A<br />

Next hearing<br />

is fixed on<br />

November<br />

16, 2009 for<br />

arguments on<br />

the<br />

application<br />

for<br />

amendment<br />

of plaint by<br />

the parties.<br />

.<br />

3. M/s. Associated<br />

Distilleries Ltd.<br />

Vs.<br />

Haryana State<br />

Pollution Control Board<br />

(HSPCB)<br />

Appellate Committee<br />

constituted under the<br />

Water (Prevention and<br />

Control of Pollution)<br />

Cess Act, 1977 and<br />

Rules<br />

made<br />

thereunder.<br />

Member Secretary /<br />

Assessing Authority, HSPCB<br />

issued an order on<br />

27.6.2001 for recovery of<br />

Cess for the period 1.5.1997<br />

to 14.6.2001 under Water<br />

(Prevention and Control of<br />

Pollution) Cess Act, 1977 on<br />

M/s. Associated Distilleries<br />

Ltd.<br />

M/s. Associated Distilleries<br />

Ltd appealed against<br />

issuance of orders for<br />

recovery on the grounds<br />

that the cess assessment<br />

was incorrect and the cess<br />

verification was done<br />

without complying with the<br />

provisions of the Act.<br />

Rs. 2,71,498<br />

/- as Cess.<br />

In case of an<br />

adverse decision,<br />

Associated<br />

Distilleries will<br />

have to pay the<br />

whole amount of<br />

cess.<br />

Next hearing<br />

is fixed for<br />

arguments by<br />

the parties.<br />

Date will be<br />

fixed later.<br />

(b)<br />

Writ Petitions<br />

Sl.<br />

No.<br />

Parties/<br />

Case no. /<br />

Court<br />

4. Associated Distilleries<br />

Ltd.<br />

Vs.<br />

State of Haryana & The<br />

Prohibition and Excise<br />

Commissioner, Haryana<br />

C.W.P 11641 OF 1997<br />

Particulars of the Case<br />

A notification under Section<br />

57A of the Punjab Excise<br />

Act, 1914 was issued by<br />

the Commissioner and<br />

Secretary, Prohibition and<br />

Excise on 21.3.1995<br />

whereby the condition of<br />

use of old and new quart<br />

sized bottles in the ratio of<br />

50:50 was laid for the<br />

packaging of liquor.<br />

Amount<br />

Involved<br />

Rs. 27,63,894 /-<br />

of penalty<br />

Financial or<br />

other<br />

impact on the<br />

Company in<br />

case of an<br />

adverse<br />

decision<br />

In case of an<br />

adverse decision,<br />

Associated<br />

Distilleries will<br />

have to pay the<br />

whole amount of<br />

penalty.<br />

Present<br />

Status<br />

Final<br />

Arguments<br />

have been<br />

completed<br />

and the<br />

Case has<br />

to come<br />

for final<br />

hearing.<br />

Date to be<br />

fixed later.<br />

203

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