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DELHI HIGH COURT
PRATHIBA M.SINGH
Mother Dairy Fruit and Vegetable Pvt. Ltd. – Appellant
Versus
Hukam Singh – Respondent
| Table of Content |
|---|
| 1. order for case listing and exemption (Para 2 , 8) |
| 2. order from fsa tribunal being challenged (Para 3) |
| 3. interpretation of section 71 of the fss act (Para 4 , 7) |
| 4. court’s guidance on appeal process (Para 5 , 6) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through video conferencing.
CM APPL. 2380/2021 (for exemption)
2. Exemption allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 897/2021 and CM APPL. 2381/2021
3. The present petition has been filed challenging the order dated 7th February, 2020, passed by the Food Safety Appellate Tribunal, New Delhi, in FSAT No. 49/16, titled Mother Dairy Fruit and Vegetable Pvt. Ltd. v. FSO, vide which the penalty amounting to Rs.40,000/- imposed by the Adjudicating Officer on the Petitioner in the order dated 25th November, 2016, has been upheld.
4. Submission of Mr. Sood, ld. Senior counsel appearing on behalf of the Petitioner is that under Section 71 of the Food Safety and Standard Act, 2006 (hereinafter, "the Act"), a second appeal on any question of fact or law, against the order of the Food Safety Appellate Tribunal, lies before the High Court. However, according to h
An appeal against the Food Safety Appellate Tribunal's decision should be filed under Section 71(6) of the Food Safety and Standards Act, treated as a second appeal, not a writ petition.
The main legal point established in the judgment is the determination of the nature of the appeal process under the FSS Act, specifically whether it constitutes a Civil Appeal or a Criminal Appeal, a....
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