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2011 Supreme(Kar) 559

N.KUMAR
EWAC Alloys Limited, Mumbai, Rep. by its Head of Finance & Accounts Anil D Dhond – Appellant
Versus
Union of India through the Additional Secretary Dept. of Consumer Affairs, New Delhi – Respondent


Advocates appeared:
For the Petitioners:P.K. Sahu & Vishwanath R Hedge, Advocates.
For the Respondents: R1 - N.R Bhaskar, ACGSC, R2 - Narendra Prasad, GP.

Judgment :-

1. The petitioners have preferred this writ petition seeking declaration that provisions of Standards of Weights and Measures Act, 1976, for short, hereinafter referred to as the ‘Act’ and the Rules framed thereunder are not applicable to the subject goods in so far as petitioner is concerned and for a writ of certiorari quashing the impugned notices and to strike down the definition of ‘industrial consumer’ and ‘institutional consumer’ in Rule 2-A of the aforesaid Rules as being contrary to the scheme of the Standards of Weights and Measures Act and inconsistent with other provisions of the Rules.

2. The first petitioner is a joint venture company between Larsen & Toubro Limited-the second petitioner and the non-resident Messer Eutectic Castolin Group. The first petitioner is engaged in manufacturing welding products such as electrodes, brazing rods, powders and fluxes and selling thereof. These welding products are used mainly in repairs and maintenance work on costly industrial equipments and these are not meant for use in conventional fabrication work. A specialized welding technology process which has been patented as “Eutectic Castolin Welding Process” is used. Th

















































































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