TMI Blog2015 (9) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... etition was filed being cleared, to decide question of law, so that if contention of appellant is right, it does not face such situations in future Admittedly work of appellant is recurring in nature Cause of action for filing of petition from which this appeal arises was not stray one It is common knowledge that some time is taken in engaging advocates, preparing and filing the petition, listing thereof in Court and in hearing of petition even qua interim relief claimed and during all of which time goods would not be released Settled position in law that opposite party to litigation cannot defeat lis validly brought before Court by contending that cause of action had disappeared Appeal allowed Order of Single Judge disposing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ps at the Airports; (ii) that on 25th July, 2014, it received a consignment consisting of food products particularly chocolates, for sale at its Duty Free shops; (iii) that the shelf life of these products is an average of six months and the said products, if not sold within the shelf time, become unsaleable, to the loss and detriment of the appellant; (iv) however the said consignment was not cleared by the Custom Authorities for the reason that the consignment being of food products, required No Objection Certificate (NOC) from the FSSAI; and, (v) that the FSSAI however refused to give the NOC on the ground that the products do not comply with Regulation 2.7.4 of the Food Safety and Standards (Food Products Standards and Food Additives) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e a fresh writ petition on a future date when it again faces the same problem, it will result in delay even then in release of the consignment with the consequent likelihood of the goods subject matter of the consignment being wasted. It is contended that it was for this reason that the learned Single Judge was requested, inspite of the consignment owing to non-clearance of which the writ petition was filed being cleared, to decide the question of law, so that if the contention of the appellant is right, it does not face such situations in future. 6. We tend to agree with the contention of the counsel for the appellant. The cause of action for filing of the writ petition from which this appeal arises was not a stray one vis-a-vis the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... could not have been said to have become infructuous, upon one consignment being cleared. 7. The Supreme Court in Ghaio Mall Sons Vs. The State Of Delhi AIR 1959 SC 65 faced with a contention that the order sought to be quashed before it was of grant of a license for the year 1954-55 which had long since expired, the appeal before the Supreme Court had become infructuous, noticing the usual practice that once a license is granted it is automatically renewed from year to year unless the licensee is found to be in breach, held that it was vitally important for the appellant before it that the Court should consider the validity of the license for 1954-55 for the reason that if such grant was held to be a nullity, it would result in a vacan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remedy at all, and to give a charter to a public authority to violate fundamental rights with impunity. 8. Reference in this regard may also be made to Sudhir Kumar Barua Vs. State Transport (Appellate) Authority AIR 1963 Guwahati 1 (DB) and to State of Bihar Vs. Vishnu Sugar Mills Ltd. MANU/BH/1659/2010 (DB). 9. It is also the settled position in law that an opposite party to a litigation cannot defeat a lis validly brought before the Court by contending that the cause of action had disappeared and thereafter give rise to a fresh cause of action compelling filing of another round. The Supreme Court in Gajanan Dattatraya Vs. Sherbanu Hosang Patel (1975) 2 SCC 668 rejected the contention that the petition for eviction of a tenant o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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