Full Text
HIGH COURT OF DELHI
Date of Decision: 22nd January, 2021
MOTHER DAIRY FRUIT AND VEGETABLE PVT. LTD. ..... Petitioner
Through: Mr. Vivek Sood, Sr. Advocate with Mr. Firoz Khan, Advocate.
Through: None.
JUDGMENT
1. 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 2021:DHC:254 High Court. However, according to him, the Registry of the Court has informed the counsel that the matter should be filed as a writ petition and not as a second appeal.
5. Section 71(6) of the Act reads as under:-
A perusal of the above provision shows that an appeal would lie before this court against an order passed by the Appellate Tribunal, within 60 days from the communication of the said decision or order. Vide judgment dated 13th March 2019, a ld. Single judge considered this issue in Ardor Restaurant and ors. v. Bal Mukund (WP(C) 10418/2018) and held that a writ filed against the order of the Food Safety Appellate Tribunal ought to be treated as an appeal under section 71(6) of the Act. The said order reads:
6. In view of the clear legal position, the present writ may be renumbered as a ‘Regular Second Appeal’ by the Registry and be listed before the Roster Bench.
7. Ld. counsel for the Petitioner submits that he was informed by the Registry that the category for regular second appeals does not exist as of now. In view thereof, the Registry may also make provision in its IT Software for appropriately numbering such second appeals arising under the Act.
8. List before the Roster Bench on 1st February, 2021.
PRATHIBA M. SINGH JUDGE JANUARY 22, 2021 MR/Ak