Supreme Court - Daily Orders
Nestle India Ltd vs Union Of India on 13 January, 2016
Bench: Dipak Misra, N.V. Ramana
CA 14539/15
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ITEM NO.2 COURT NO.4 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No.14539 of 2015
NESTLE INDIA LTD Appellant(s)
VERSUS
UNION OF INDIA Respondent(s)
(With appln.(s) for interim stay and permission to bring
additional facts and documents on record and office report)
WITH S.L.P.(C) No.33251/2015
Date : 13/01/2016 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MR. JUSTICE N.V. RAMANA
For Appellant(s) Mr. Harish N. Salve, Sr. Adv.
Mr. L.N. Rao, Sr. Adv.
Ms. Pallavi S. Shroff, Adv.
Ms. Saanjh N. Purohit, Adv.
Ms. Samarika Singh, Adv.
Mr. Mayank Pandey, Adv.
Mr. Rajesh Batra, Adv.
Ms. Sonia Kukreja, Adv.
Mr. S. S. Shroff, AOR
Mr. Kartik Bajpai, Adv.
Mr. Rohit Chandra, Adv.
SLP 33251/15 Ms. Tasneem Ahmadi, Adv.
Mr. Mehmood Pracha, Adv.
Mr. Mansoor Ali, AOR
Ms. Shubhi Khare, Adv.
Mr. Muzakkir Ali, Adv.
Signature Not Verified
Digitally signed by
Gulshan Kumar Arora
Date: 2016.01.15
12:20:16 IST
For Respondent(s)
Reason:
Ms. Vibha Datta Makhija, Sr. Adv.
Mr. Abhinav Mukerjee, Adv.
Mrs. Anil Katiyar, AOR
CA 14539/15
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SLP 33251/15 Mr. Harish N. Salve, Sr. Adv.
Mr. L.N. Rao, Sr. Adv.
Ms. Pallavi S. Shroff, Adv.
Ms. Saanjh N. Purohit, Adv.
Ms. Samarika Singh, Adv.
Mr. Mayank Pandey, Adv.
Mr. Rajesh Battra, Adv.
Ms. Sonia Kukreja, Adv.
Mr. S. S. Shroff, AOR
Mr. Kartik Bajpai, Adv.
SLP 33251/15 Mr. Nishant Ramakantrao Katneshwarkar, Adv.
Mr. Arpit Rai, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Pursuant to our order dated 16th December, 2015, two communications have been received by the Registry of this Court. We think it appropriate to reproduce the letter dated 22nd December, 2015, the relevant part of which reads as under:
“This has reference to the letter dated 17.12.2015 from National Consumer Disputes Redressal Commission, New Delhi addressed to Director, CSIR-CFTRI, Mysuru forwarding 16 samples of Maggi Noodles of different lots/batches as per directions of Hon'ble Supreme Court of India's order dated 16.12.2015. Sixteen sample packets were received in a duly sealed box at CSIR – Central Food Technological Research Instituted, Mysuru on 18.12.2015.
On opening the sample parcel it is observed that samples of different batches with different sample quantities ranging 35g to 280g were received (Annexure-I). It is herewith brought to your kind notice that the minimum sample quantity required for analysis is 500g per sample of same batch as per Sl.No.50 of Section 2.3.1. of Food Safety & Standards (Laboratory and Sample Analysis) Regulation, 2001 under food Safety & Standards Act 2006.
CA 14539/15 3Quantities of samples received is just enough to carry out few parameters only. Hence, it is herewith requested that arrangements may please be made to send additional sample quantities of the same batches to take-up the samples for analysis as per requirements under the provisions of Food Safety & Standards Act 2006.” The Annexure-I to the said letter indicates the sample details. The said Annexure-I, for sake of convenience, is quoted hereunder:
Sample Sample Name Batch No. & Weight No Date of of the Manufacture Sample Received 1 Maggi Cuppa Mania Noodles 50740451AA 70g MAR 15 2 Maggi Cuppa Mania Noodles 50520451AB 70g FEB 15 3 Maggi 2 Minutes Noodles 50930455LC 105g 03.04.2015 4 Maggi 2 Minutes Noodles 50866640DC 70g 03.2015 5 Maggi 2 Minutes Noodles 51362814BC 280g 05.02.2015 6 Maggi Oats Noodles 50360455BC 73g 05.02.2015 7 Maggi Oats Noodles 50700455CC 73g 11.03.2015 8 Maggi 2 Minutes Noodles 50942814XB 70g APR 15 9 Maggi 2 Minutes Noodles 51280452DB 35g MAY 2015 10 Maggi 2 Minutes Noodles 50920455LB 105g CA 14539/15 4
02.04.2015 11 Maggi 2 Minutes Noodles 50382814XB 70g FEB 15 12 Maggi 2 Minutes Noodles 50802814XC 70g MAR 15 13 Maggi 2 Minutes Noodles 51250455MC 105g 05.05.2015 14 Maggi Veg Atta Noodles 50490451PC 80g FEB 15 15 Maggi Veg Atta Noodles 50630451PD 80g MAR 15 16 Maggi 2 Minutes Noodles 51086640CA 70g 04.2015 There is another communication dated 14th December, 2015, which indicates that thirteen samples of Maggi Noodles sent by the Registrar, National Consumer Disputes Redressal Commission, in sealed condition, were analyzed for lead and glutamic acid content. The results of the same are annexed with the communication.
We have perused the test report. We would like the competent authority of CSIR – Central Food Technological Research Institute, Mysore, Karnataka, to apprise this Court with regard to two aspects, namely, whether the results of the test report relating to lead and glutamic acid, are within permissible parameters or not. The Institute at Mysore shall also clarify whether the test relating to glutamic acid includes the test pertaining to Mono-Sodium Glutamate (MSG).
Additionally, if the Institute feels that more samples are necessary for the carrying out of these two tests, it may communicate to Mr. S. Hanumantha Rao, Joint CA 14539/15 5 Registrar, N.C.D.R.C., the Local Commissioner appointed by the National Consumer Disputes Redressal Commission, New Delhi, who shall collect the samples from the godown of Food Safety and Standards Authority of India (FSSAI) at Lucknow, in the presence of both the parties and send it to the Institute at Mysore. The entire exercise shall be carried out within eight weeks from today.
Let the matter be listed on 5th April, 2016.
The communications received from the National Consumer Disputes Redressal Commission, New Delhi, be taken on record. The Registry is directed to supply the photocopy of the reports to the learned counsel for the parties.
(Chetan Kumar) (H.S. Parasher)
Court Master Court Master