Moniesh Enterprises v. Shri. Yudhvir Singh Malik
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 2ND DAY OF JULY 2015/11TH ASHADHA, 1937 Con.Case(C).No. 925 of 2015 (S) -------------------------------------------- WP(C) 10853/2015, DATED 12-05-2015 ----------------------- PETITIONER(S):
---------------------- MONIESH ENTERPRISES, 1ST FLOOR, 1-A RONDALA GOVINDAN STREET, SHEVAPET SALEM, TAMILNADU, INDIA-636002 REPRESENTED BY CO-PARTNER MR.MONIESH, S/O.SAJJAN RAJ, AGED 25 YEARS. BY ADVS.SRI.MATHEWS K.UTHUPPACHAN SRI.TERRY V.JAMES RESPONDENT(S):
-------------------------
1. SHRI. YUDHVIR SINGH MALIK, (AGE AND FATHER'S NAME NOT KNOWN) THE CHIEF EXECUTIVE OFFICER, FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, (MINISTRY OF HEALTH AND FAMILY WELFARE), FDA BHAVAN KOTLA ROAD, NEW DELHI-110002.
2. MR.P.E.DOLES, (AGE AND FATHER'S NAME NOT KNOWN), THE AUTHORISED OFFICER COCHIN SEAPORT AND AIRPORT FOOD SAFETY AND STANDARDS AUTHORITY OF INDIA, 1ST FLOOR MARINE BUILDING, NORTH END, WILLINGDON ISLAND, COCHIN-682009.
BY ADVS. SRI.MEHMOOD PRACHA SRI.PAUL JACOB BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
Con.Case(C).No. 925 of 2015 (S) -------------------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- ANNEXURE A: COPY OF THE JUDGMENT DATED 12/5/15 IN WPC.10853/2015 ANNEXURE B: COPY OF THE LETTER DATED 5/6/15 OF THE R1 TO THE PETITIONER ANNEXURE C: COPY OF THE LAWYERS NOTICE DATED 9/6/15 ISSUED ON BEHALF OF THE PETITIONER.
RESPONDENTS' ANNEXURE ---------------------------------------- NIL.
/ TRUE COPY / P.S TO JUDGE PJ
A.MUHAMED MUSTAQUE, J.
***************************************************************************** Contempt of Court Case(C) No.925 of 2015 ***************************************************************************** Dated this the 2nd day of July, 2015
JUDGMENT
This Contempt Case is arising from the judgment of this Court in W.P.(C) No.10853/2015, directing the respondents to release the goods on condition that the petitioner cured the defect as pointed out by the Department. Thereafter, it appears that an order has been passed, which is produced as Annexure-B dated 5.6.2015 stating that defects cannot be cured. The petitioner relies on the Circular issued by the Food Safety and Standards Authority of India dated 23.3.2012 and submits that these defects are curable. In view of Annexure-B, I am of the view that the petitioner is free to challenge the same by filing separate writ petition as the validity of the same cannot be decided in the Contempt Proceedings.
With the above observations, the Contempt Case is closed. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln