High CourtsDivision Bench(1995) 06 BOM CK 0032

Farida Abdul Latif Patka vs Union of India

Bombay High Court · Decided on 21 June 1995 · Citation: (1995) 60 ECR 404 : (1995) 79 ELT 587

HON’BLE JUDGES
S.H. Kapadia, J · M.L. Pendse, J
CASE NUMBER
Writ Petition No. 3342 of 1986

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Judgment

4 paragraphs · 288 words

S. H. Kapadia, J.—By this Writ Petition, petitioner, who is an exporter of meat products under the firm name and style of Sahar Products seeks to challenge the Order passed by respondent No. 2 seeking to review the earlier Order dated 9th November, 1986. In the above matter, exports were made by the petitioner in 1986. In respect of three cartons, the petitioner claims that on account of inadvertence, the label did not indicate buffalo meat product, but it indicated only meat product. In the above circumstances proceedings were adopted by respondent No. 3. After full consideration of the matter, respondent No. 3 by an order dated 17th October, 1986 came to the conclusion that there was a genuine mistake/inadvertence in the labelling of the three cartons and there was no mala fide or deliberate mislabelling of three cartons/packets. By the impugned notice, however, respondent No. 2 decided to review the earlier Order dated 17th October, 1986.

2.

Being aggrieved by the said Order/notice the present Writ Petition, has been filed.

3.

In the present case, the Writ Petition has been held in December 1986. The above incident took place in 1986. Thereafter, no complaints with regard to further exports have been made at any time. In view of the long passage of time, it would not serve any purpose to review the earlier Order passed in favour of the petitioner by respondent No. 3 dated 17th October, 1986. For this reason alone, this Writ Petition is made absolute without going into the merits of the case and without going into the power of respondent No. 2 to review its own Order dated 17th October, 1986.

4.

Accordingly, Rule is made absolute with no order as to costs.