PANAJI: Goa excise commissioner Narayan Gad on Thursday concluded hearing arguments on a complaint about Silly Souls Bar and Restaurant’s excise licence and will give his ruling on October 20, people familiar with the matter said.
The challenge to the bar’s liquor licence ignited a political controversy after three Congress leaders alleged that Union minister Smriti Irani’s family was involved in illegally running a bar at upmarket Silly Souls. Irani has denied that her family is associated with the bar and restaurant, and has filed civil defamation suits against them. On her plea, the Delhi high court also ordered the Congress leaders to delete their posts against Irani on this topic, observing that Irani and her daughter are neither owners of the restaurant nor have they ever applied for the licence for food and beverages at the eatery, as alleged.
Lawyer Aires Rodrigues, who filed a complaint with the excise commissioner on June 29, said the licence was issued and renewed this year in the name of Anthony D’Gama though the person died in 2021. This, Rodrigues argued, was in violation of the Goa Excise Duty Act and asked that the licence should be scrapped.
Rodrigues also submitted a copy of a lease agreement allegedly signed between Anthony D’Gama, in whose name the excise licence for Silly Souls was issued, and Eightall Food and Beverages Pvt Ltd, a company co-owned by another firm in which Irani’s husband, Zubin Irani, is a director.
{{/usCountry}}Rodrigues also submitted a copy of a lease agreement allegedly signed between Anthony D’Gama, in whose name the excise licence for Silly Souls was issued, and Eightall Food and Beverages Pvt Ltd, a company co-owned by another firm in which Irani’s husband, Zubin Irani, is a director.
{{/usCountry}}Rodrigues alleged that the property where Silly Souls Café and Bar is located was leased to Eightall Food and Beverages by Anthony D’Gama from January 1, 2021, for a 10-year-period at a monthly rent of ₹50,000. Rodrigues argued this implied that when Anthony D’Gama applied for the excise licence on January 5, 2021, the premises had already been leased out to Eightall Food and Beverages
Lawyer Benedict Nazareth, who represented the D’Gama family, however, insisted that there was no “legally enforceable” agreement between the D’Gamas and Eightall Food and Beverages.
“Under the law, there is a distinction between an agreement of lease and lease deed. An agreement of lease only says that the parties would enter into an agreement of lease if they were to wish to. Under the Transfer of Property Act, every lease has to be by a registered document. If a lease is not by a registered document, that lease is not valid under the law. Secondly, no such lease is admissible as evidence. So this agreement for lease never culminated in a lease deed and therefore no rights were created to the parties under this,” Nazareth said.
The D’Gama family has claimed that there was “absolutely nothing” to connect the D’Gama family’s property and restaurant with the family of the Union minister and insisted there was no wrongdoing in its request or grant of the excise licence.
“The licence issued by the excise department was after following the procedure as prescribed under law and there has been no illegality or irregularity or any omission on the part of the Excise Department or the respondents,” Nazareth said.
“Dean D’Gama was appointed as the lawful attorney by his father as early as March 24, 2017, representing Anthony D’Gama and on his behalf Dean D’Gama filed for and obtained the registration certificate registering the premises under the Goa Registration of Tourist Trade Act, 1982. The application was applied for by Anthony D’Gama on April 15, 2021, and the applicant Anthony D’Gama was represented by Dean D’Gama… At the time when the application for renewal was filed, respondent No. 2 (Dean D’Gama) was the power of attorney holder of Anthony who upon the death of his father automatically by operation of law became the administrator of the estate,” Benny Nazareth who is representing the family said.