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2025 DAILYLAW 55396 (KAR)

SIGMA ALDRICH CHEMICALS PRIVATE LIMITED v. UNION OF INDIA

WP/36703/2015 · 2025-10-14

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40688 WP NO.36703 OF 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.36703 OF 2015 (GM-RES) BETWEEN: SIGMA ALDRICH CHEMICALS PRIVATE LIMITED (A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956) HAVING THEIR REGD. OFFICE AT: PLOT NO.12, BOMMASANDRA-JIGANI LINK ROAD, BENGALURU - 560 100. REP. BY THE DIRECTOR, MR. ANAND RANGANATHAN. …PETITIONER (BY SRI. P. CHINNAPPA, ADVOCATE) AND: 1. UNION OF INDIA REP. BY THE SECRETARY, LEGAL METROLOGY DIVISION, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, DEPARTMENT OF CONSUMER AFFAIRS, KRISHI BHAWAN, NEW DELHI - 110 114. 2. DEPARTMENT OF LEGAL METROLOGY GOVERNMENT OF KARNATAKA REP. BY OFFICE OF THE INSPECTOR, LEGAL METROLOGY, FLYING SQUAD-2, NO.1, ALI ASKER ROAD, BENGALURU - 560 052. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40688 WP NO.36703 OF 2015 3. INSPECTOR-LEGAL METROLOGY FLYING SQUAD-2, NO.1, ALI ASKER ROAD, BENGALURU - 560 052. 4. ULTRA LAB A PARTNERSHIP FIRM, HAVING THEIR REGD. OFFICE AT NO.39, 1/9, KRISHNA EXTENSION, HULIMAVU, BENGALURU - 560 076. …RESPONDENTS (BY SRI. HARSHA P. BANAD, ADVOCATE FOR R1; SRI. MAHANTESH SHETTAR, AGA FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET-ASIDE THE NOTICES DATED 08TH JUNE, 2015 BEARING NO.ILM/FS-2/PRO/15-16 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEUXRES 'A' AND 'B'; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the Notices dated 08th June, 2015 (Annexures 'A' and 'B') issued by the respondent No.3. - 3 - HC-KAR NC: 2025:KHC:40688 WP NO.36703 OF 2015 2. Heard Sri. P. Chinnappa, learned counsel appearing for the petitioner; Sri. Harsha P. Banad, learned counsel appearing for the respondent No.1; and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents 2 and 3. 3. Having heard the learned counsel appearing for the parties and on perusal of the Final Notice dated 08th June, 2015 (Annexures 'A' and 'B'), the same would indicate that the petitioner had violated the provisions contained in the Legal Metrology Act, 2009 read with the relevant rules. In that view of the matter, it is well settled principle in law that the notice cannot be challenged under Article 226 of the Constitution of India. Accordingly, reserving liberty to the petitioner to file a reply to the impugned Final Notices dated 08th June, 2015 (Annexures 'A' and 'B') by urging all the available grounds under the law, within an outer limit of three weeks from the date of receipts of this order, writ petition is dismissed. 4. It is made clear that, if such a reply is filed by the petitioner, the respondent-Authorities are directed to consider the same and to take decision in the matter in accordance with - 4 - HC-KAR NC: 2025:KHC:40688 WP NO.36703 OF 2015 law. Having taken note of the submission made by learned counsel appearing for the petitioner, as this Court granted interim order on 09th September, 2015, protecting the interest of the petitioner, till the consideration of the reply that may be made by the petitioner, the respondents-Authorities cannot take any coercive steps against the petitioner. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 28