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Delhi High Court - Orders

Gujarat Co-Operative Milk Marketing ... vs State Of Nct Delhi on 13 March, 2020

Author: Navin Chawla

Bench: Navin Chawla

$~37
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    W.P.(C) 2777/2020
     GUJARAT CO-OPERATIVE MILK MARKETING FEDERATION
     LTD.                                          ..... Petitioner
                      Through: Mr.Abhishek Singh, Mr.J.A.Anand,
                      Ms.Aayushi Mishra, Mr.Y.Kumar, Advs.

                          versus

      STATE OF NCT DELHI                        ..... Respondent
                    Through: Mr.Ramesh Singh, SC, GNCTD with
                    Mr.Ishan Agrawal, Adv.

    CORAM:
    HON'BLE MR. JUSTICE NAVIN CHAWLA
                     ORDER

% 13.03.2020 CM 9714/2020 Exemption allowed, subject to all just exceptions. W.P.(C) 2777/2020 & CM 9713/2020 Issue notice. Notice is accepted by Mr.Ramesh Singh, Advocate on behalf of the respondent. He prays for and is granted four weeks time to file counter affidavit. Rejoinder(s) thereto, if any, be filed within four weeks thereafter.

It is the case of the petitioner that the Food Analysis Report did not find any traces of sugar in the milk sample, however, the Referral Food Laboratory found the same. The learned counsel for the petitioner submits that for these discrepancies, the report of the Referral Food Laboratory could not have been considered as final in such peculiar circumstances.

He submits that in any case, as far as the milk solid fat is concerned, Gerber Method is adopted and petitions challenging such method are pending adjudication before this Court.

In view of the submissions made, the operation of the Impugned Order shall remain stayed, subject to the petitioner keeping the FDR submitted before the learned Appellate Court renewed during the pendency of the present petition.

List on 8th July, 2020 alongwith WP(C) No.8440/2019.

NAVIN CHAWLA, J MARCH 13, 2020 RN