Jammu & Kashmir High Court - Srinagar Bench
Total Oil India Private Limited And Anr vs Union Of India And Ors on 23 February, 2021
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 105
Admission
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
WP (C) No. 300/2021
CM NO. 1035/2021
Total Oil India Private Limited and anr.
Petitioner(s)
Through:- Mr. Z. A. Shah, Sr. Adv. with
Mr. Syed Musaib, Adv.
Vs.
Union of India and Ors.
. Respondent(s)
Through:- Mr. T. M. Shamshi, ASGI for R1.
None for R2.
CORAM:-
Hon'ble Mr. Justice Sanjay Dhar, Judge.
(O R D E R)
23-02-2021
01. Petitioners are aggrieved of the Communication dated 13.01.2021 issued by the respondent No. 5 whereby petitioners have been asked to stop distribution, sale and use of the insecticides namely TSO/HMO (brand name Arbofine and Arbofine extra).
02. It is the case of the petitioners that they had applied for registration of aforesaid products in terms of Section 9 (3b) of the Insecticides Act vide application dated 5th November, 2012 but till date, the permission has not been refused as a result of which explanation to Section 18 of the Insecticides Act comes into play, according to which unless refusal to register is notified, the certificate of registration is deemed to be registered.
03. Learned counsel for the petitioner has referred to the order dated 2.2.2014 passed by this Court in OWP No. 208/2014 whereby in similar circumstances, AASIF GUL 2021.02.24 02:37 I attest to the accuracy and integrity of this document 2 WP (C). No. 300/2021 an identical communication of respondent No. 3 was stayed by this Court. The writ petition is stated to be still pending before this Court and the order is stated to be in operation till date. Learned counsel for the petitioner further submits that for last six years, product of the petitioners' company has been included in the Calender/Schedule approved by the SKAUST, Kashmir and no objection to the same was taken for six years. He has further submitted that vide communication dated 16.02.2021, permission has been granted to public sector undertakings to sell and supply HMO but same relaxation has not been extended to the petitioners which amounts to discrimination against the petitioners.
04. Having regard to the contention raised by the learned counsel for the petitioners and having perused the material on record, a case for grant of interim relief is made out.
05. Issue notice to the respondents.
06. Mr. T. M. Shamshi, learned ASGI enters appearance and accepts notice on behalf of respondent No. 1. Notice be issued to respondent No. 2. Response be filed by next date of hearing.
07. In the meantime, till next date of hearing before the Bench, the impugned Communication dated 13.01.2021 shall stay and the petitioners shall be allowed to sell above mentioned insecticides through its distributors/dealers/retailers.
08. List along with OWP No. 208/2014 on 9th March, 2021.
(Sanjay Dhar) Judge SRINAGAR 23.02.2021 "Aasif AASIF GUL 2021.02.24 02:37 I attest to the accuracy and integrity of this document