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FSAT - FOOD SAFTY APPELLATE TRIBUNAL

M/S DEVYANI INTERNTIONAL LTD AND OTHERS +3 moreVsSTATE, THROUGH FOOD SAFETY OFFICER AND ANR. +1 more

CNR DLND0100459320211-Principal District and Sessions Judge
Patiala House Court - District sessions Court
delhi · Delhi (DL)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th February 2023

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
8/2021
Registration Date
15 Jul 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1M/S DEVYANI INTERNTIONAL LTD AND OTHERS
    2. 2SH. PRADEEP KUMAR,(NOMINEE OF RESTAURANT)
    3. 3SH. ARUN KUMAR
    4. 4SH. BIPIN KUMAR MAURYA (RESTAURANT MANAGER))

    Respondent

    1. 1STATE, THROUGH FOOD SAFETY OFFICER AND ANR.
    2. 2MS. ANJALI

    Acts & Sections

    1
    Prevention of Food Adultration Act · Sec 3.3.1 (2)

    Case History / Proceedings

    Case History
    Date: 15-07-2021
Business: heard and adjourned
Next Purpose: Misc. cases
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: heard and adjourned.
Next Purpose: Misc. cases
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: adj
Next Purpose: Misc. cases
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: heard and adjourned.
Next Purpose: Arguments
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Ld.Presiding Officer is on half day leave today.
Next Purpose: Arguments
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: adj
Next Purpose: Arguments
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: heard and adjourned.
Next Purpose: Arguments
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Ld.PO has been elevated to the Honorable High Court.
Next Purpose: Arguments
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: heard and adjourned.
Next Purpose: Arguments
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: heard and adjourned.
Next Purpose: Arguments
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: heard and adjourned.
Next Purpose: Arguments
Next Hearing Date: 28-10-2022

Date: 28-10-2022
Business: heard and adjourned
Next Purpose: Arguments
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: m
Next Purpose: Arguments
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: heard and adjourned.
Next Purpose: Order
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: adjourned.
Next Purpose: Order
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Allowed
Nature Of Disposal: ALLOWED
Disposal Date: 24-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 2421/2021
Filing Date: 14-07-2021
First Hearing Date: 15th July 2021
Decision Date: 24th February 2023
Court Number And Judge: 1-Principal District and Sessions Judge

    Orders

    32
    Final Order 17
    24 Feb 2023
    Order Details: COPY OF JUDGMENT
    Final Order 16
    24 Feb 2023
    Order Details: COPY OF ORDER
    Interim Order 15
    22 Feb 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Interim Order 14
    16 Feb 2023
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd & Ors. V FSO
16.02.2023
Present: Sh. Kapil Sharma, Advocate for appellant.
Sh. Manoj Kr. Garg, Ld. Addl. PP for State/FSAT.
Arguments have been heard. Case law has also been
cited by the Ld. Counsel for the parties. Request is also made by
the Ld. Counsel for the parties to file the written submissions.
Let written submissions be filed after exchanging
copies thereof.
Put up for orders on 22.02.2023.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/16.02.2023
-- 1 of 1 --
    Interim Order 13
    06 Jan 2023
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 8/21, 4/22, 5/22
06.01.2023
Present: Appellant in person.
Sh. Manoj Garg, Ld. Chief PP for the State/respondent
Request for adjournment is being made on behalf of
appellant on the ground that Sh. Kapil Sharma, Advocate, is unwell.
Not opposed.
Put up for arguments on 16.02.2023.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/06.01.2023
-- 1 of 1 --
    Interim Order 12
    28 Oct 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21, 05/22, 04/22
28.10.2022
Present: Sh. Atul Sharma, Advocate Associate of Sh. Kapil
Sharma, Advocate for the appellants.
Sh. Manoj Garg, Ld. Chief PP for the respondent.
Record of the Ld. ADM has not been received.
Ld. Counsel for the appellants states that the main counsel
Sh. Kapil Sharma, Advocate is not available today as he has gone to
Srinagar.
Adjournment not opposed.
In the abovesaid circumstances, the matter is adjourned.
Renotify for arguments on 06.01.2023.
Record of the Ld. ADM be summoned for the next date
of hearing.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/28.10.2022
-- 1 of 1 --
    Interim Order 11
    05 Sept 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No: DLND010045932021
M/s. Devyani International Ltd. & Ors. v. State & Anr.
FSAT08/2021
05.09.2022
Present: Sh. Kapil Sharma, Advocate for the appellants.
Sh. Kundan Lal, Chief PP for the respondent.
Since the cause list is heavy today, the matter is adjourned
and be renotified for arguments on 28.10.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/PHC/05.09.2022
-- 1 of 1 --
    Interim Order 10
    06 Jun 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLND010045932021
M/s. Devyani International Ltd. V. State
FSAT08/2021
06.06.2022
Present: Proxy Counsel for Sh. Kapil Sharma, Advocate for the
appellant.
Sh. Kundan Lal Kohli, Chief Public Prosecutor for the
respondent.
Request for adjournment is made on behalf of the appellant
on the ground that Mr. Kapil Sharma, Advocate is out of station.
The matter is adjourned. Renotify for arguments on
05.09.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/PHC/06.06.2022
-- 1 of 1 --
    Interim Order 9
    18 Apr 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs. FSO & Anr.
18.04.2022
Present: Sh. Kapil Sharma, Ld. Counsel for appellants.
Sh. Kundan Lal, Ld. Chief PP for respondents.
Record of the ADM has been received.
Renotify for arguments on 06.06.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/18.04.2022
-- 1 of 1 --
    Interim Order 8
    14 Mar 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs FSO & Anr.
14.03.2022
Ld. Presiding Officer has been elevated to the Hon'ble High
Court of Delhi vide Notification No. K.13017/01/2021US.I dated
25.02.2022.
Present: Sh. Atul Sharma, Proxy Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent through
video conferencing.
To come up for purpose fixed on 18.04.2022.
Reader/14.03.2022
-- 1 of 1 --
    Interim Order 7
    04 Feb 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No.8/21
M/s Devyani International Ltd. & Ors. Vs FSO
(Proceedings through Video Conferencing)
04.02.2022
Present: Sh. Narender, Proxy Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent.
Ld. Presiding Officer is on half day leave (prelunch
session) today. As per directions of Ld. Presiding Officer, case be listed
for the purpose already fixed on 14.03.2022.
Reader/04.02.2022
-- 1 of 1 --
    Interim Order 6
    15 Dec 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
15.12.2021
Present: Sh. Kapil Sharma, Ld. Counsel for the appellant.
Sh. Kundan Lal, Ld. Chief PP for the State.
Ld. Presiding Officer is on leave today.
As per direction, to come up for the purpose already
fixed on 04.02.2022.
Ahlmad/15.12.2021
-- 1 of 1 --
    Interim Order 5
    25 Nov 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No.08/21
25.11.2021
Present: Sh. Kapil Sharma , Ld. Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent.
Ld. Presiding Officer is on half day leave (pre lunch
session) today. As per directions of Ld. Presiding Officer, matter be
listed for the purpose already fixed on 15.12.2021.
Reader/25.11.2021
-- 1 of 1 --
    Interim Order 4
    25 Oct 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs. FSO & Anr.
25.10.2021
Present: Sh. Kapil Sharma, Ld. Counsel for appellant through
video conferencing.
Sh. Kundan Lal, Ld. Chief PP for Department.
Reply on behalf of the Department filed. Copy has
been supplied. To come up for arguments on 25.11.2021.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/25.10.2021
-- 1 of 1 --
    Interim Order 3
    28 Sept 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd. vs. FSO
28.09.2021
Present: Sh. Kapil Sharma, Ld. Counsel for the appellant.
Sh. Kundan Lal Kohli, Ld. Chief PP for the
State.
On behalf of Ld. Chief PP for the State, an
adjournment has been sought to argue the matter.
To come up for arguments on 25.10.2021. In the
meanwhile, record of the Ld. ADM be called for the next date
of hearing.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge
New Delhi/28.09.2021
-- 1 of 1 --
    Interim Order 2
    18 Aug 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd. vs. FSO
(Proceedings through Video Conferencing)
18.08.2021
Present: Sh. Kapil Sharma, Ld. Counsel for appellant.
Ld. Counsel for the appellant submits that in
pursuance to the order dated 15.07.2021, the appellant has
deposited the demand draft in the court.
The office is directed to place the same on the
file.
Let notice be issued to the respondent on
filing of PF/RC to be filed by the appellant, returnable on
28.09.2021.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge
New Delhi/18.08.2021
-- 1 of 1 --
    Interim Order 1
    15 Jul 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani Intl. Ltd. vs. FSO
(Proceedings through Video Conferencing)
15.07.2021
Fresh appeal under the provisions of Food
Safety and Standards Act, 2006, received. It be checked
and registered.
Present: Sh. Kapil Sharma, Ld. Counsel for appellant.
The appellants have filed the present appeal
challenging the impugned order dated 02.06.2021 whereby a
penalty of Rs. 50,000/ was imposed upon them by the Ld.
Adjudicating Officer.
Ld. Counsel for the appellants pressed for stay of
the impugned order dated 002.06.2021.
Issue notice of the appeal to the State returnable
on 18.08.2021. Meanwhile, the impugned order dated
02.06.2021 is stayed subject to furnishing of the DD/FDR/
Bank Guarantee by the appellants of the amount equivalent to
the fine imposed by the Ld.Adjudicating Officer/Ld.ADM, in
the name of the court, within three weeks.
Application is disposed of accordingly.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/15.07.2021
-- 1 of 1 --
    Order 15
    22 Feb 2023
    Order Details: COPY OF JUDICIAL PROCEEDINGS
    Order 14
    16 Feb 2023
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd & Ors. V FSO
16.02.2023
Present: Sh. Kapil Sharma, Advocate for appellant.
Sh. Manoj Kr. Garg, Ld. Addl. PP for State/FSAT.
Arguments have been heard. Case law has also been
cited by the Ld. Counsel for the parties. Request is also made by
the Ld. Counsel for the parties to file the written submissions.
Let written submissions be filed after exchanging
copies thereof.
Put up for orders on 22.02.2023.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/16.02.2023
-- 1 of 1 --
    Order 13
    06 Jan 2023
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 8/21, 4/22, 5/22
06.01.2023
Present: Appellant in person.
Sh. Manoj Garg, Ld. Chief PP for the State/respondent
Request for adjournment is being made on behalf of
appellant on the ground that Sh. Kapil Sharma, Advocate, is unwell.
Not opposed.
Put up for arguments on 16.02.2023.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/06.01.2023
-- 1 of 1 --
    Order 12
    28 Oct 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21, 05/22, 04/22
28.10.2022
Present: Sh. Atul Sharma, Advocate Associate of Sh. Kapil
Sharma, Advocate for the appellants.
Sh. Manoj Garg, Ld. Chief PP for the respondent.
Record of the Ld. ADM has not been received.
Ld. Counsel for the appellants states that the main counsel
Sh. Kapil Sharma, Advocate is not available today as he has gone to
Srinagar.
Adjournment not opposed.
In the abovesaid circumstances, the matter is adjourned.
Renotify for arguments on 06.01.2023.
Record of the Ld. ADM be summoned for the next date
of hearing.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/28.10.2022
-- 1 of 1 --
    Order 11
    05 Sept 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No: DLND010045932021
M/s. Devyani International Ltd. & Ors. v. State & Anr.
FSAT08/2021
05.09.2022
Present: Sh. Kapil Sharma, Advocate for the appellants.
Sh. Kundan Lal, Chief PP for the respondent.
Since the cause list is heavy today, the matter is adjourned
and be renotified for arguments on 28.10.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/PHC/05.09.2022
-- 1 of 1 --
    Order 10
    06 Jun 2022
    Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLND010045932021
M/s. Devyani International Ltd. V. State
FSAT08/2021
06.06.2022
Present: Proxy Counsel for Sh. Kapil Sharma, Advocate for the
appellant.
Sh. Kundan Lal Kohli, Chief Public Prosecutor for the
respondent.
Request for adjournment is made on behalf of the appellant
on the ground that Mr. Kapil Sharma, Advocate is out of station.
The matter is adjourned. Renotify for arguments on
05.09.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge
New Delhi/PHC/06.06.2022
-- 1 of 1 --
    Order 9
    18 Apr 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs. FSO & Anr.
18.04.2022
Present: Sh. Kapil Sharma, Ld. Counsel for appellants.
Sh. Kundan Lal, Ld. Chief PP for respondents.
Record of the ADM has been received.
Renotify for arguments on 06.06.2022.
(Dharmesh Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/18.04.2022
-- 1 of 1 --
    Order 8
    14 Mar 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs FSO & Anr.
14.03.2022
Ld. Presiding Officer has been elevated to the Hon'ble High
Court of Delhi vide Notification No. K.13017/01/2021US.I dated
25.02.2022.
Present: Sh. Atul Sharma, Proxy Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent through
video conferencing.
To come up for purpose fixed on 18.04.2022.
Reader/14.03.2022
-- 1 of 1 --
    Order 7
    04 Feb 2022
    Order Details: COPY OF ORDER
Pdf Text: FSAT No.8/21
M/s Devyani International Ltd. & Ors. Vs FSO
(Proceedings through Video Conferencing)
04.02.2022
Present: Sh. Narender, Proxy Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent.
Ld. Presiding Officer is on half day leave (prelunch
session) today. As per directions of Ld. Presiding Officer, case be listed
for the purpose already fixed on 14.03.2022.
Reader/04.02.2022
-- 1 of 1 --
    Order 6
    15 Dec 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
15.12.2021
Present: Sh. Kapil Sharma, Ld. Counsel for the appellant.
Sh. Kundan Lal, Ld. Chief PP for the State.
Ld. Presiding Officer is on leave today.
As per direction, to come up for the purpose already
fixed on 04.02.2022.
Ahlmad/15.12.2021
-- 1 of 1 --
    Order 5
    25 Nov 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No.08/21
25.11.2021
Present: Sh. Kapil Sharma , Ld. Counsel for appellant.
Sh. Kundan Lal, Ld. Chief PP for respondent.
Ld. Presiding Officer is on half day leave (pre lunch
session) today. As per directions of Ld. Presiding Officer, matter be
listed for the purpose already fixed on 15.12.2021.
Reader/25.11.2021
-- 1 of 1 --
    Order 4
    25 Oct 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani International Ltd. & Ors. Vs. FSO & Anr.
25.10.2021
Present: Sh. Kapil Sharma, Ld. Counsel for appellant through
video conferencing.
Sh. Kundan Lal, Ld. Chief PP for Department.
Reply on behalf of the Department filed. Copy has
been supplied. To come up for arguments on 25.11.2021.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/25.10.2021
-- 1 of 1 --
    Order 3
    28 Sept 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd. vs. FSO
28.09.2021
Present: Sh. Kapil Sharma, Ld. Counsel for the appellant.
Sh. Kundan Lal Kohli, Ld. Chief PP for the
State.
On behalf of Ld. Chief PP for the State, an
adjournment has been sought to argue the matter.
To come up for arguments on 25.10.2021. In the
meanwhile, record of the Ld. ADM be called for the next date
of hearing.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge
New Delhi/28.09.2021
-- 1 of 1 --
    Order 2
    18 Aug 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
Devyani Intl. Ltd. vs. FSO
(Proceedings through Video Conferencing)
18.08.2021
Present: Sh. Kapil Sharma, Ld. Counsel for appellant.
Ld. Counsel for the appellant submits that in
pursuance to the order dated 15.07.2021, the appellant has
deposited the demand draft in the court.
The office is directed to place the same on the
file.
Let notice be issued to the respondent on
filing of PF/RC to be filed by the appellant, returnable on
28.09.2021.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge
New Delhi/18.08.2021
-- 1 of 1 --
    Order 1
    15 Jul 2021
    Order Details: COPY OF ORDER
Pdf Text: FSAT No. 08/21
M/s Devyani Intl. Ltd. vs. FSO
(Proceedings through Video Conferencing)
15.07.2021
Fresh appeal under the provisions of Food
Safety and Standards Act, 2006, received. It be checked
and registered.
Present: Sh. Kapil Sharma, Ld. Counsel for appellant.
The appellants have filed the present appeal
challenging the impugned order dated 02.06.2021 whereby a
penalty of Rs. 50,000/ was imposed upon them by the Ld.
Adjudicating Officer.
Ld. Counsel for the appellants pressed for stay of
the impugned order dated 002.06.2021.
Issue notice of the appeal to the State returnable
on 18.08.2021. Meanwhile, the impugned order dated
02.06.2021 is stayed subject to furnishing of the DD/FDR/
Bank Guarantee by the appellants of the amount equivalent to
the fine imposed by the Ld.Adjudicating Officer/Ld.ADM, in
the name of the court, within three weeks.
Application is disposed of accordingly.
(Dinesh Kumar Sharma)
Principal District & Sessions Judge/FSAT
New Delhi/15.07.2021
-- 1 of 1 --

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