On Monday, the Delhi High Court dismissed a petition filed by PB Agro LLP, the company behind the mouth freshener ‘Vimal Elaichi’. The petition challenged notices issued by the Maharashtra Food and Drugs Administration (FDA) to prominent actors Shah Rukh Khan, Ajay Devgn, and Tiger Shroff. These notices were related to allegations of surrogate advertising linked to the product.
“In view of the aforesaid discussion, this court is of the considered view that the petitioner has failed to establish that any substantial or material part of the cause of action has arisen within the territorial jurisdiction of this court.
The impugned show cause notice was issued by the FDA, Mumbai, State of Maharashtra – to the brand ambassadors engaged by the petitioner, who are residents of Mumbai – in relation to alleged activities and alleged statutory violations in Maharashtra,” the court said. The factum of petitioner operating its business from Delhi or engaging brand ambassadors from Delhi, especially when the impugned notice has not been issued to the petitioner herein, cannot by themselves, confer territorial jurisdiction upon this court, in light of the judicial precedents of the Hon‟ble Supreme Court as well as this court,” Justice Sharma said.
“Though the petitioner has impleaded the ministry and the FSSAI, which are situated in Delhi, as parties in the writ petition, neither any specific relief is claimed against either of them, nor any direction or order passed by these authorities has been challenged before the court or even placed on record with the writ petition.
Legal Challenge Over Jurisdiction of Delhi High Court
Lawyer Rukmini Bobde, representing the Centre, contested the jurisdiction of the Delhi High Court in a case involving a company’s petition. She argued that the notice in question was issued by the Maharashtra FDA’s assistant commissioner in Mumbai, where the brand ambassadors reside. Despite this, the company chose to file its petition in Delhi, citing its base in the capital as the reason for this decision.
