The Punjab and Haryana high court has held that if the contract for carrying trade in liquor is thrown open to public auction, it cannot be said that there is exclusion of competition and thereby a monopoly is created.
A division bench comprising Chief Justice S J Vazifdar and Justice Anupinder Singh Grewal has passed these orders while upholding the newly amended clause 9.5 of L-1BF License in Haryana’s Excise Policy for the year 2017-18.
It is a big relief for Ashir Marketing , led by Lake Forst wine owner, Neeraj Scahdeva and the State Excise Department of Haryana.
The matter had reached before the HC in the wake of a petition filed by National Restaurant Association of India and others. Main argument of the petitioners was that decision of having only a single L-1BF licensee in the entire state of Haryana would lead to massive monopolization by the licensee. L-1BF licence entitles the licensee to deal as a wholesaler in foreign liquor (BIO-Bottled in Origin).