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RAJESH S. PATIL
State of Maharashtra, Through Food Safety Officer Smt. Pradnya P. Surse – Appellant
Versus
Pankaj Gupta, Nominee, Adani Wilmar Limited – Respondent
JUDGMENT :
1. This Appeal from Order is filed challenging the Judgment and Order dated 24.04.2018 passed by the Food Safety Appellate Tribunal, Jalna.
2. At the initial stage, the Advocate appearing for the respondent raised an objection about the maintainability of the “Appeal from Order”. Hence, this matter was heard only on the issue of maintainability of Appeal from Order, which challenges the Judgment and Order passed by the Food Safety Appellate Tribunal under Section 71(6) of the Food Safety and Standards Act, 2006 [hereinafter referred to as “FSS Act”]. The questions before this Court are, Whether an order passed by Food Safety Appellate Tribunal, which is established under Section 70 of the FSS Act, can be challenged:
(ii) Whether the challenge under Section 71(6) of the FSS Act, 2006 can be by way of “Appeal from Order”.
3. The State of Maharashtra through it’s Food Safety Officer have filed the present Appeal from Order under the provisions of Section 71(6) of the FSS Act.
SUBMISSIONS :
4. The Counsel for the respondents has preliminarily raised objection about maintainability of Appeal from Order. Therefor
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