S.M.Shankarrao Mohite-Patil S.S.K.Ltd. v. State of Maharashtra and Ors.
Writ Petition – Maharashtra Foreign Liquor (Import and Export) Rules, 1963, Rule 23 – Export Fees – Recovery challenged
Case brief
What is this about?
Bombay High Court writ petition (WP No. 2661 of 2002, decided 18 July 2025) by Sahakar Maharshi Shankkarrao Mohite Patil Sahakari Sakhar Karkhana Ltd. challenging Rule 23 of the Maharashtra Foreign Liquor (Import and Export) Rules, 1963 and recovery of Export Fees; allowed in view of this Court's earlier decision reported in 2011 (3) ALL M.R. 852 setting aside the Rule; conditional payment-with-interest and indemnity bond if reversed by Supreme Court; larger issue pending before Apex Court.
What did the court decide?
Petition allowed and Rule made absolute, i.e., Rule 23 of the Maharashtra Foreign Liquor (Import and Export) Rules, 1963 and the recovery of Export Fees thereunder are set aside qua the Petitioner, subject to the conditional obligation to pay Export Fees with interest and furnish an indemnity bond if the Supreme Court reverses the 2011 (3) ALL M.R. 852 decision.