S K N ASSOCIATES PVT LTD Vs. UNION OF INDIA
LAWS(DLH)-2007-9-326
HIGH COURT OF DELHI
Decided on September 05,2007

S.K.N. ASSOCIATES PVT. LTD Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Badar Durrez Ahmed, J. - (1.) This writ petition is directed against the deletion contained in the 14th Endorsement to the petitioner No. 1's certification marks licence No. CM/L-2341642 for IS: 9798: 1995 which seeks to delete "single stage low pressure regulators for use with LPG mixtures, suitable for valves having 25.6 mm collar diameter and maximum rated capacity = 0.5 m3/hr" from the said licence. The petitioners also seek a writ of mandamus directing the respondents to grant renewal of the licence without the aforesaid deletion.
(2.) The petitioner No. 1 is engaged in the manufacture of various appliances, including LPG pressure regulators marketed under the trade name and style "SKN". The petitioner No.2, who is a citizen of India, is a share-holder and Director of the petitioner No. 1. In 1987, the petitioner No.1 is said to have commenced production of LPG pressure regulators used for regulation of the flow of LPG from the gas cylinder to the burner of the stove. Shortly after the commencement of production, the petitioner No.1 entered into correspondence with the Bureau of Indian Standards (Respondent No.2) as also the Chief Controller of Explosives, Nagpur for the grant of ISI certification. In March, 1988, the LPG (Regulation of Supply and Distribution) Order, 1988 was passed. The petitioner had challenged the same by way of a writ petition being CW 2143/1988. The petitioners had also made a grievance that the Bureau of Indian Standards and the Chief Controller of Explosives, had failed and / or neglected to deal with the petitioner's application for the grant of ISI certification. By an order dated 06.12.1990, in CW 2143/1988, a Division Bench of this court directed the Bureau of Indian Standards to depute competent persons to visit the factory of the petitioner and inspect the regulators manufactured by the petitioner and pass appropriate orders within a month. On 01.10.1991, the Controller of Explosives had informed the Director, Bureau of Indian Standards that the drawings in respect of the LPG regulators manufactured by the petitioner No. 1 met with the approval of the Department of Explosives. Thereafter, on 28.02.1992, the Bureau of Indian standards granted ISI certification to the LPG regulators manufactured by the petitioner No. 1. The certification marks licence No. CM/L-2341642, which had been granted to the petitioner in respect of IS: 9798-1981 Specification for Low Pressure Regulators for use with Liquefied Petroleum Gas had been continuously renewed thereafter on 15 occasions. The last such renewal was done in the year 2006. It is only in the renewal of 09.04.2007, that the 14th Endorsement has been made by deleting the single stage low pressure regulators for use with LPG mixtures, suitable for valves having 25.6 mm collar diameter and maximum rated capacity = 0.5 m3/hr. The petitioners are aggrieved by this deletion.
(3.) It may be noted that in the meanwhile, in 1993, the LPG (Regulation of Supply and Distribution) Order, 1993 came into force, in supersession of the 1988 LPG Order. The petitioners were aggrieved by the 1993 LPG Order also and another writ petition being WP 4476/1994 was filed. Rule D.B. was issued in the said writ petition on 27.10.1994.;


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