Nestle India Limited vs Food Safety and Standards Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Bom) 1254

V.M.KANADE, B.P.COLABAWALLA
Nestle India Limited – Appellant
Versus
Food Safety and Standards Authority of India – Respondent

Advocates:
Advocate Appeared:
Mr. Iqbal Chagla, Senior Counsel alongwith Mr. Amit Desai, Senior Counsel, Mr. Riyaz Chagla, Mr. Rajesh Batra, Ms. Pallavi Shroff, Ms. Sonia Kukreja, Ms. Meghna Rajadhyaksha, Mr. Umang Singh i/b Ameya Gokhale of Shardul Amarchand Mangaldas & Co. for the Petitioner.
Mr. Anil Singh, Additional Solicitor General alongwith Mr. Advait M. Sethna, Mr. Firoz Shah, Mr. D.P. Singh, Miss Ruju Thakker for Union of India – Respondent No.1.
Mr. Mehmood Pracha alongwith Mr. T.W. Pathan, alongwith Ms. Pranali Dixit, i/b Ms Yogita Singh for Respondent No.2.
Mr. Darius J. Khambatta, Senior Counsel alongwith Ms. Geeta Shastri, AGP & Mr. Aditya Mehta for State of Maharashtra for Respondent Nos. 3 and 4.
Mr. Ahmad Abdi alongwith Mr. S.Y. Sharma and Mr. L.J. Mishra i/b Abdi & Co. for Intervenor consumer online Foundation.

JUDGMENT

V.M. Kanade, J.

1. Heard.

2. Rule. Rule is made returnable forthwith. Respondents waive service. By consent of parties, Petition is taken up for final hearing.

CHALLENGE:

3. Petitioner – Company is seeking an appropriate writ, order and direction for quashing and setting aside the order passed by the Chief Executive Officer – Respondent No.2 herein dated 05/06/2015 whereby Petitioner was directed to stop manufacture, sale and distribution etc of nine types of variants of noodles manufactured by them and also gave other directions by the impugned order which is at Exhibit-A to the Petition. Petitioner is also challenging the impugned order passed by the Commissioner of Food Safety, State of Maharashtra – Respondent No. 4 which is at Exhibit-B.

4. Petitioner has challenged these two impugned orders principally on the following five grounds:-

(i) Firstly, it was contended that the said two impugned orders have been passed in complete violation of principles of natural justice since Respondent Nos. 2 and 3 had not issued any show cause notice to the Petitioner and had not given a

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2015 Supreme(Bom) 1254

V.M.KANADE, B.P.COLABAWALLANestle India Limited – AppellantVersusFood Safety and Standards Authority of India – Respondent

Cases Referred (26)

V.M.KANADE, B.P.COLABAWALLA
Nestle India Limited – Appellant
Versus
Food Safety and Standards Authority of India – Respondent