In the Vimal case involving Bollywood actors Shah Rukh Khan, Ajay Devgan and Tiger Shroff, the Delhi High Court dismissed the petition, after which the three actors could not get immediate relief.
The petition was filed by PB Agro, a company associated with the Vemal cardamom pan masala ad, challenging the show-cause notices issued by the Maharashtra Food and Drug Administration to the three actors.
Justice Swarana Kanta Sharma dismissed the petition stating that the matter does not fall under the territorial jurisdiction of the Delhi High Court.
The court has held that Maharashtra is the appropriate forum to raise objections to the notices.
PB Agro had taken the stand that since the company’s office is in Delhi, the Delhi High Court can hear the matter.
According to the company, the advertising campaign was also designed and managed in the capital while payments to brand ambassadors were also made from Delhi.
The court did not accept this position and pointed out that the notices issued by the Maharashtra FDA were not sent to PB Agro and the company was not asked to submit a reply, remove the advertisement, provide documents or appear before the authorities.
The case pertains to the advertisements of Vimal Alaichi, with which Shah Rukh Khan, Ajay Devgan and Tiger Shroff have been associated.
The Maharashtra FDA had issued notices to the three actors for allegedly promoting Vemal Paan masala through the advertisement.
During the hearing, PB Agro maintained that the notices were issued only to the actors, although any action related to the advertisement could result in difficulties for the company as well.
The company had also questioned the Maharashtra FDA’s authority to issue directives to stop advertising.
The Central Government and the Central Consumer Protection Authority opposed the hearing of the petition in the Delhi High Court.
He argued that since the action was taken by the Maharashtra FDA, PB Agro should have approached the Bombay High Court.
Following the court’s fresh order, the Delhi High Court dismissed PB Agro’s plea on the ground of lack of territorial jurisdiction.