HC refuses to stay Maggi noodles ban

"Maggi products have already been withdrawn from the shops and hence there is no need to grant a stay on the ban."

Paul Bulcke, CEO of Nestle, listens to a question during a press conference in New Delhi, India, Friday, June 5, 2015.

The Bombay High Court on Friday declined to grant relief to Nestle India by rejecting its plea for stay on orders of food regulators banning nine variants of Maggi noodles from the Indian market as they were harmful to public health.

Hearing a plea of the Indian arm of the Swiss multinational, Justices V.M. Kanade and B.P. Colabawala were of the view that due to the impugned orders, Maggi products had already been withdrawn from the shops and hence there was no need to grant a stay on the ban.

The company had moved the High Court challenging the ban imposed by a June 5 order by Food Safety and Standards Authority of India (FSSAI) banning nine variants of the popular instant snack.

It also questioned a similar order by the Maharashtra government prohibiting the sale of the products.

The Bench said the authorities were entitled to prosecute the company in case of procedural lapses and if they were not satisfied with the reply of Nestle.

However, in case Nestle was to be prosecuted, the judges asked the authorities to give 72 hours notice to the company which had filed an appeal against the impugned orders.

The Bench also directed FSSAI and Commissioner of Food Safety, Government of Maharashtra, to file their affidavits in reply to the company’s appeal within two weeks.