The Hindu : National : Pepsi, Coca Cola move Supreme Court

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Tuesday, Aug 09, 2005

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National

Pepsi, Coca Cola move Supreme Court

Legal Correspondent

NEW DELHI: The Hindustan Coca Cola Beverages Pvt. Ltd and Pepsi Foods Ltd have challenged in the Supreme Court a direction issued by the Rajasthan High Court asking them to declare that either "soft drink does not contain pesticide residues" or "soft drink is safe. The level of pesticide residue is well within all applicable standards."

A three-Judge Bench, comprising Chief Justice R.C. Lahoti, Justice C.K. Thakker and Justice P.K. Balasubramanyan, on Monday fixed the special leave petitions (SLP) for further hearing on August 25. The SLP filed by the petitioner before the High Court will also be heard on that day.

No material

Appearing for Coca Cola, senior counsel Harish Salve submitted that the High Court failed to consider that directions issued by it could be addressed only legislatively.

The court could not take over the jurisdiction of the Legislature. He said the declaration sought to be implemented would not serve the purpose of the consumer.

He said there was no material before the High Court to pass such an order. Senior counsel K.K. Venugopal appeared for Pepsi and even as he began his submissions, the court fixed August 25 for further hearing of the matter.

Coke's contention

In its SLP, Coca Cola said the High Court by its order dated June 1 had mechanically formulated a declaration without applying its mind to whether such a declaration would serve the intended purpose of promoting informed choice by the consumer.

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