M/S Exide Industries Ltd., Thru ... vs The State Of U.P And Anr. ...
2013 Latest Caselaw 602 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 
Case :- U/S 482/378/407 No. - 1122 of 2013
 
Petitioner :- M/S Exide Industries Ltd., Thru Regional Sales Manager.
 
Respondent :- The State Of U.P And Anr. (Complaint Case)
 
Petitioner Counsel :- Kashi Nath Shukla,Sushil Shukla
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

In deference to order dated 02.4.2013, complainant Sri Narsingh Rana is present in court and has been confronted with the offending advertisement of Exide Battery and U.P.S. 

In the advertisement, the capacity of the battery has been given.  Soas to show the capacity of the equipment to be consumed, Fan, Tube-light, P.C. Monitor, Deskjet Printer and T.V. have been mentioned.  P.C.(with 15" colour monitor) has been written, which allegedly offends the provisions of Section 11 of the Legal Metrology Act, 2009 (for short 'the Act'), punishable under Section 29 of the Act.  It has not been disputed that that the advertisement has been given for sale of Exide Battery and Chloride Home U.P.S.

In the contention of the learned counsel for the petitioner, the advertisement is not for P.C. Monitor and, therefore, it cannot be said that the provisions of the Act has been offended.  The advertisement is only for Exide Battery and Chloride Home U.P.S. System in regard to which no legal infirmity has been found by the complainant.  It has also been argued that in Section 11(1), ".........In relation to any good, things or service Act" has been written. 

In the context of the present case, the goods and things would include only Exide Battery and Chloride Home U.P.S. System, and not other things like fan, tube-light, P.C. Monitor etc.

Sri Faisal Ahmad Khan, learned Government Advocate, prays for time.

List on 23.4.2013.

Interim direction to continue till the next date of listing.

Let the Controller, Legal Metrology, file his counter affidavit specifically in regard to contents of this order.

Order Date :- 9.4.2013/A.Nigam