A bench of Justices V M Kanade and B P Colabawalla deferred the hearing to July 17 after asking Nestle India to file an affidavit on an application by FSSAI seeking recall of the June 30 High Court order allowing export of Maggi.
The court was hearing a petition filed by Nestle India challenging the order of June 5 passed by FSSAI banning nine variants of the popular instant food snack. It had also questioned a similar order by Maharashtra government prohibiting the sale of the same products on the ground that they were unsafe and harmful for the health of people.
However, Nestle was still destroying the product as perhaps it felt that it was not safe (for consumption), he said. The company was manufacturing a fresh batch of product and exporting that, he added.
Elaborating further, he said Nestle was not exporting Maggi which was to be destroyed but it was manfucturing fresh batch of food snack for exports. Certainly, the High Court had not allowed this, he said.
Senior Counsel, Darius Khambata, appearing for Maharashtra government, said "if they (Nestle) want to manfacture Maggi and sell the product in India then they have to comply with our (Indian) standards.
Pracha also said that FSSAI had sent several e-mails to Nestle seeking details about recalling the product from the market but the company had not given any response.
Iqbal Chhagla, Nestle's Counsel, however, denied FSSAI's allegation that the company had declared on website that Maggi was safe and the High Court had allowed exports.
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