JUDGMENT

V.K. Bali, C.J. - Hindustan Coca-Cola Beverages Pvt. Ltd., a Company incorporated under the provisions of the Companies Act, engaged in the business of manufacturing and marketing of non-alcoholic sweetened carbonated beverages, fruit-based drinks and packaged drinking water in the leading brand names of Coca-Cola, Fanta, Sprite, Thumps Up, Limca, Maaza, Kinley, etc., along with its shareholder Amit Oberoi, has filed W.P. (C) No.22141 of 2006 challenging G.O. (Rt) No. 2396/06/H&FWD issued by Government of Kerala dated 10.8.2006 and consequential Order No. PH6/62469/DHS, dated 11.8.2006 issued by Food (Health) Authority of State of Kerala whereby the State Government in exercise of the powers under Section 7 (iv) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as ‘Act of 1954’, prohibited manufacture and sale of Coca-Cola in the whole State of Kerala with immediate effect and for an indefinite period. By the same very orders manufacture and sale of Pepsi has also been prohibited and, therefore, the same very orders have also been challenged by Pepsico India Holdings Pvt. Limited, again a Company incorporated under the Companies Act, wholly owned su