Hyderabad-based businessman Arun R Pillai has filed a petition in the Delhi High Court, challenging a magistrate court’s order summoning him and others in connection with a complaint by French liquor giant Pernod Ricard.
The complaint alleges non-payment by M/s Indo Spirits, with both firms implicated in the Delhi excise policy case. Pillai, represented by Advocate Deepak Nagar, is seeking to set aside or quash the magistrate court’s order dated August 31, 2024, issued on a complaint by Pernod Ricard India Pvt Ltd.
Advocate Deepak Nagar argued in the plea that the magistrate failed to acknowledge that the petitioner was not a controlling partner of Indo Spirits and had no direct involvement in issuing the disputed cheques.
The petition challenges the magistrate’s decision to take cognizance of the offence under Section 138 of the Negotiable Instruments Act, contending that the order was passed without adequately considering the facts and applicable legal principles.
Case History
As per the plea, Pernod Ricard earlier lodged a complaint before the Judicial Magistrate at Patiala House Court, alleging an offence under Section 138 of the Negotiable Instruments Act against the partnership firm M/s Indo Spirits and four other individuals.
Pernod Ricard’s complaint states that M/s Indo Spirits, a partnership firm engaged in the wholesale distribution of beverages and food products, is liable for the unpaid dues of goods supplied by Pernod Ricard. The dishonoured cheques at the center of the complaint were issued by Indo Spirits.
The legal dispute between Pernod Ricard and Indo Spirits is part of a broader conflict involving the Delhi excise policy for 2021-22. Both companies are named in the Enforcement Directorate’s charge sheet, highlighting the ongoing controversy over unpaid dues and policy violations.
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