Panaji, Aug 22 (PTI) Family members of the late Anthony DGama, the owner of a north Goa restaurant, on Monday claimed they had “absolutely no connection” with a firm allegedly associated with Union minister Smriti Irani’s family.
The lawyer of the DGama family, who owns the “Silly Soul Café and Bar” in Assagao in North Goa, submitted a written reply to Goa Excise Commissioner Narayan Gad on Monday stating neither the DGama family nor the state Excise department has committed any illegality.
After Gad heard arguments over a complaint against the restaurant, the DGama family claimed they have “absolutely no connection” with Eightall Foods and Beverages LLP Goa, which is allegedly connected to Irani’s family.
Irani had filed a civil defamation suit against three Congress leaders for linking her daughter’s name to the restaurant.
The Delhi High Court had observed that Irani and her daughter are neither owners of the restaurant in Goa nor have they ever applied for the licence for food and beverages at the eatery, as alleged.
Activist Aires Rodrigues filed a complaint on June 29, alleging that the excise office in Mapusa illegally renewed the restaurant’s excise licence in the name of a deceased person- Anthony DGama.
The complaint stated that DGama died on May 17, 2021, and cited a death certificate issued by the Brihanmumbai Municipal Corporation.
During the first hearing of the complaint held on July 29, the excise commissioner framed two issues for determination- whether the excise licence was obtained by Anthony DGama by submitting false, inadequate documents and by misrepresenting facts and whether there were procedural irregularities by excise officials.
The DGama family was directed to file their response in this regard.
In a written reply submitted before Gad, the DGama family’s advocate Benny Nazareth said the licence has been issued by the Excise Department as per the legal procedure “and there has been no illegality, irregularity or omission on the part of Excise Department or the respondents”.
The next hearing will be held on September 12.
Nazareth stated the respondents (the DGamas) deny that any false and inadequate documents were submitted or that there was any misrepresentation of facts.
“It is categorically stated that the documents submitted are authentic documents and all the statements made in the application are true and correct,” he said.
Dean DGama was appointed as the lawful attorney by his father on March 24, 2017.
“It is stated that Dean has been representing his father (Anthony) since March 24, 2017, till his demise on May 17, 2021. It is further stated that representing the said Anthony DGama and on his behalf, Dean had filed for and obtained the registration certificate registering the premises under the Goa Registration of Tourist Trade act, 1982,” he stated.
Nazareth further said that the power of attorney was granted in favour of Dean by his late father as well as his mother to represent them before all authorities in respect of the power of attorney including the residential home.
The lawyer said that the application for the renewal (of licence) was filed by Dean “who upon the death of his father automatically by operation of law became the administrator of the estate”.
“It is categorically stated that there is no material to substantiate that the licence has been obtained by submitting false and inadequate documents as alleged,” the advocate stated.
The DGama family has said that no issues can be framed based on vague statements and the matter is without any basis or merit. “No pleadings or documents are warranting the framing of the said issues”.
Nazareth told reporters after the hearing that the DGama family has “absolutely no connection” with Eightall Foods and Beverages LLP Goa.
When pointed out that the company shares the address with Silly Souls Café and Bar, Nazareth said, “You will have to ask this question to Eightall Foods and Beverages LLP.” “During the hearing, the complainant vehemently pressed for suspension of the excise licence, but the authority was not impressed by such a request,” he said.
Rodrigues told reporters that the excise commissioner has continued the hearing on his complaint.
Noting the contention made in the last hearing by DGama family that the wife of the deceased can inherit the licence of her husband as per Portuguese law, Rodrigues said such a possibility does not exist.
“I made it clear to the authority that the point of Portuguese law being relied upon by the family of late Anthony DGama is outrageous. The excise licence cannot be part of the inheritance,” he said.
According to the complainant, though Excise rules allow a bar licence to be issued only to a restaurant having a licence, the Excise department on February 18, 2021, issued the licence without the required restaurant license being in place in contravention of norms.
During the first hearing in the case, the family members of DGama had told authorities that it is entirely their business and no other person is involved in it. PTI RPS GK NSK NSK
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