1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WP No. 220 of 2011 with WP No. 221 of 2011 M/s Exide Industries v. Union of India and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.M. Gordey, Sr. Advocate for petitioner Ms Bharti Dangre, Addl. GP for respdts no. 2, 3 and 4 Coram: B. P. Dharmadhikari & A. P. Bhangale, JJ Dated: 19th September 2011 1. Heard respective counsel. 2. We find that petitioners were served with show-cause notice dated 5.9.2009. Petitioners sent reply to the said show- cause notice, but it had reached to the respondent at a late stage and the same, therefore, could not be considered by respondent no. 4. From the reply it is apparent that number of factual aspects are involved and hence, we find it appropriate to direct respondent no. 4 to look into the reply dated 26th October 2009 submitted by petitioners and to find out whether petitioner’s products viz. Lead, acid storage batteries are not ready-to-sell products and are therefore not “pre packaged commodity”. The Authority will further find out whether the dealers need to fill up electrolyte and charge the battery before it is ready for sale. and then to arrive at a conclusion whether the provisions of the 2 Standards of Weights & Measures Act, 1976; Standard of Weights & Measures (Enforcement) Act, 1985 and Standard of Weights & Measures (Packaged Commodities) Rules, 1977 are applicable to the batteries manufactured by petitioners. 3. Petitioners through their authorised representative to appear before respondent no. 4 on 3rd October 2011. Petitioners shall be free to file additional/supplementary reply, if they are so advised. Respondent no. 4 shall thereafter proceed to consider the controversy and pass appropriate orders in accordance with law within a period of eight weeks. 4. Thus, leaving all contentions of both the parties open, we dispose of the petition. Till respondent no. 4 takes final decision in the matter, interim order granted by this Court on 20.1.2011 shall continue. Judge Judge joshi