V.K.BALI, M.RAMACHANDRAN
Pepsico India Holdings Pvt. Ltd – Appellant
Versus
State of Kerala, Represented by the Chief Secretary to the Government of Kerala – Respondent
V.K. Bali, C.J.
Hindustan 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 drink and packaged drinking water in the leading brand names of Coca-cola, Fanta, Sprite, Thumps Up, Limca, Maaza, Kinley, etc., along with its share holder 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 10.08.2006 and consequential Order No.PH6.62469/DHS dated 11.08.2006 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 Cola 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 subsi
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