Dismissed

M/s.Nutriyes Health Care (P) L v. Food Safety & Standards

Madras HC4 Jun 2019WP/426/2018

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition as withdrawn, allowing the petitioner to file an appeal before the constituted Appellate Tribunal under Section 70 of the Food Safety and Standards Act, 2006, clarifying that limitation would not be considered despite the writ's earlier pendency.

What did the court decide?

Writ Petition dismissed as withdrawn; Liberty granted to file appeal before the Appellate Tribunal by 30.06.2019 without limitation bar.

M/s.Nutriyes Health Care (P) L Vs Food Safety… — Civil Procedure and Limitation | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :04.06.2019

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CORAM

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THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU

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W.P.No.426 of 2018 and W.M.P. No. 480 of 2018

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M/s Nutriyes Health Care(P) Ltd. Rep.by its Director P.Murugesan 95/2, Melpakkam, Kaaduvetti Thiruverkadu Post Chennai-600 077. ... Petitioner Vs 1. Food Safety and Standards Authority of India Ministry of Health and Family Welfare Department Kotia Road, FDA Bhawan New Delhi-110 002.

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The Commissioner of Food Safety Tamil Nadu Food Safety and Drug Administration Department 5^th Floor, DMS Office Building 259, Anna Salai (DMS Compound) Teynampet, Chennai-600 006. 3. The District Revenue Officer Tiruvallur District Collectorate, Tiruvallur. 4. The Designated Officer Food Safety and Drug Administration Department DDHS Office Complex 54/5, Asoori Street Tiruvallur-602 001.

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The Food Safety Officer Poonamallee Division (Area Code no.238) Food Safety and Drugs Administration Department Tiruvallur District. ... Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records comprised in Na.Ka. No.7411/2015/S1 dated 20.11.2017, on the file of the third respondent, quash the same.

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For Petitioner : Mr. R.Bharanidharan

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For Respondents : Mr. Su.Srinivasan [For R1] Central Government Standing Counsel Mr. E.Neelakandan [For R2 to R5] Government Advocate

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O R D E R

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Though remedy in the nature of statutory appeal has been provided under Section 70 of the Food Safety and Standard Act, 2006, to challenge the order impugned in this Writ Petition, the Appellate Tribunal was not functional at the time of filing of the Writ Petition on 21.12.2017. The Third Respondent has filed a memo along with copy of G.O. (Ms) No. 225, Health and Family Welfare (M1) Department dated 11.06.2018 issued by the Government of Tamil Nadu stating that the Appellate Tribunal has been constituted and has started to hear appeals from 01.02.2019 onwards against the adjudication orders made under Section 68 of the Food Safety and Standards Act, 2006. In view of the same, the Learned Counsel for the Petitioner seeks leave of this Court to withdraw the Writ Petition and file such appeal before the Appellate Tribunal by 30.06.2019.

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Recording the same, the Writ Petition is dismissed as withdrawn granting the aforesaid liberty. However, it is made clear that inasmuch as this Writ Petition has been pending in this Court at the time when the Appellate Tribunal started to function, the Appellate Tribunal shall not go into the question of limitation in filing the proposed appeal, if the same is presented on or before 30.06.2019. Consequently, connected miscellaneous petition is closed. No cots.

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Assistant Registrar (CS-VI)

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//True Copy//

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Sub Assistant Registrar

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maya

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https://hcservices.ecourts.gov.in/hcservices/

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1.Food Safety and Standards Authority of India Ministry of Health and Family Welfare Department Kotia Road, FDA Bhawan New Delhi-110 002. 2. The Commissioner of Food Safety Tamil Nadu Food Safety and Drug Administration Department 5^th Floor, DMS Office Building 259, Anna Salai (DMS Compound) Teynampet, Chennai-600 006. 3. The District Revenue Officer Tiruvallur District Collectorate, Tiruvallur. 4. The Designated Officer Food Safety and Drug Administration Department DDHS Office Complex 54/5, Asoori Street, Tiruvallur-602 001. 5. The Food Safety Officer Poonamallee Division (Area Code no.238) Food Safety and Drugs Administration Department Tiruvallur District. +1 cc to Mr.R.Karthikeyan, Advocate, S.R.No.44936 W.P.No.426 of 2018 SR(CO) SSM(17/06/2019)

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https://hcservices.ecourts.gov.in/hcservices/

M/s.Nutriyes Health Care (P) L v. Food Safety & Standards

Case brief

What is this about?

What did the court decide?

M/s.Nutriyes Health Care (P) L v. Food Safety & Standards

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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