IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 RP.No. 342 of 2008(W) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.17838/1995 .................... REVIEW PETITIONER(S): /3RD RESPONDENT IN OP ----------------------------------- KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. MR.ELVIN PETER P.J. RESPONDENT(S): PETITIONER-RESPONDENTS 1, 2 & 4 IN OP --------------------------- 1. THE CATHOLIC SYRIAN BANK LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, WITH ITS HEAD OFFICE AT TRICHUR AND BRANCHES AT MANGALORE, ERNAKULAM AND OTHER PLACES, REPRESENTED BY CHIEF MANAGER (LAW),SRI.M.C.CHERIAN 2. M/S.EAGLE DISTILLERIES (PVT) LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, WITH ITS REGISTERED OFFICE AT 8/21 A, MAIN ROAD, GANGENHALLI, BANGALORE - 560 032, REP. BY MANAGING DIRECTOR, SHRI.K.T.ABRAHAM. 3. AIR CMDE. K.T.ABRAHAM, MANAGING DIRECTOR EAGLE DISTILLERIES PVT.LTD., REGISTERED OFFICE AT 8/21 A, MAIN ROAD, GANGENHALLI, BANGALORE - 560 032. 4. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO THE STATE, SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.C.A.JOY R4 BY GOVT. PLEADER THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOTTATHIL B. RADHAKRISHNAN,J. --------------------------- R.P.NO.342 OF 2008 in O.P.No.17838 of 1995 --------------------------- DATED THIS THE 9TH DAY OF NOVEMBER, 2009 O R D E R This Review Petition is filed by the 3rd respondent, Kerala State Beverages Corporation, which has the exclusive rights granted by the State Government in so far as FL-I licence is concerned. Directions were issued that the competent Abkari Officer will verify the stock of respondents 1 and 2 and take appropriate action, since the Bank wanted the stock to be disposed of to generate funds to satisfy the debt. 2. This R.P. is filed by the Beverages Corporation stating that the stock included IMFL, cashew fenny, cashew spirit and rectified spirit. It is stated by the Corporation that the materials are so out-dated and that the Corporation is not interested to take over the same. Not only that, the Corporation does not deal with cashew fenny and other cashew liquors. -2- R.P.No.342/08 3. Turning to the judgment sought to be reviewed, all that needs to be stated is that the said judgment does not in any manner bind or compel the Corporation to take over the stock. The direction was only that the 3rd respondent Corporation will cause an inspection with the junction of a competent Abkari Officer and take appropriate action for disposal of the materials on their being available for disposal. That never means that the Corporation should take over the materials. Clarifying the judgment to the aforesaid fact, this Review Petition is closed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. kcv. -3- R.P.No.342/08