1 wp1385.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1385 OF 2011 KJ FDC Limited )..Petitioners Versus Union of India & Ors. )..Respondents ---- Mr.V.A.Thorat, Senior Counsel with Punit B.Anand for the petitioners. Mr.Raj V.Chavan with Swathy Shrikrishnan for respondent no.1. Mr.Mandar Goswami for respondent nos.2, 3 & 4. ---- CORAM : P.B.MAJMUDAR & MRS.MRIDULA BHATKAR,JJ DATE : 4th August,2011 PC 1 Initially the matter was adjourned to 11.8.2011. However, by our subsequent order on 1.8.2011, the matter is already placed for admission today. It is agreed by both the sides that the point involved in this matter is identical to one which is disposed of by 2 wp1385.11.sxw the Division Bench of this Court on 21.7.2011 in Writ Petition No. 5593 of 2011. By consent of both sides, matter is disposed of today. Considering the said fact, we pass the following order :- O R D E R 1 Rule returnable forthwith. Learned Counsel Mr.Raj Chavan waives service on behalf of respondent no.1. Learned Counsel Mr.Mandar Goswami waives service on behalf of respondent nos.2, 3 & 4. 2 What is challenged in this petition filed under Article 226 of the Constitution of India is the communication dated 4th July 2011 from Scientist-E, Bureau of Indian Standards, Marks Department Mumbai-I informing the petitioners that the petitioners are not permitted to mark and dispatch their product Infant Milk Substitute- Specification as per IS 14433; 2007 for which the petitioners were granted license which is valid up to 25.9.2011. 3 Having regard to the nature of the challenge, we are of the view that interest of justice would be served if the petition is 3 wp1385.11.sxw disposed of in terms of the following directions : i) The petitioner shall make a representation to the Dy.Director General (Western Region) Mumbai within one week from today ; ii) Within two weeks thereafter, the Dy.Director General will give the petitioner an opportunity of personal hearing and thereafter the Dy.Director General will pass a reasoned order within one month from today; iii) Having regard to the fact that petitioner was granted license in question in 2007, the following directions in the impugned communication dated 4 July 2011 shall not be implemented till the Deputy Director General takes a decision on the petitioner’s representation and communicates the same to the petitioner. “In view of the above, you are not permitted to mark and dispatch your product for the above variety with Standard Mark with immediate effect. You are therefore advised to ensure stoppage of marking on the above variety with immediate effect.” 4 wp1385.11.sxw iv) Petition is accordingly disposed of. Parties to act on an authenticated copy of this order attested by the Court Sheristedar. (MRS.MRIDULA BHATKAR,J) (P.B.MAJMUDAR,J)