(1.) RULE . Service of rule is waived by learned Advocate Ms. Manisha Lavukuar, learned Advocate Shri Shakeel Qureshi and learned Advocate Shri V.H. Kanara for the respective respondents. The present Civil Applications have been filed by the applicants -original respondents in their respective petitions for vacating interim relief on the grounds stated in the applications, inter alia, that the allegations of the petitioners that the technical material is not registered or evaluated for import of formulation is factually incorrect. It is contended that a wrong impression is sought to be created that registration of the technical grade/material is given a go -bye while importing the formulation and hence exemption has been given to the respondents herein by the Registration Committee. It is also contended that in this manner compromise is made to the safety and needs of human life as well as agriculture as the technical grade/material is not scrutinized or tested. It is also contended that by resorting to "deemed registration" by the Registration Committee, a novel way is found out to create monopoly in favour of the respondents for a period of three years. Further, contentions have also been made referring to the minutes of the 282nd meeting of the Registration Committee dated 22 -11 -2007, 284th meeting held on 13 -12 -2007 and 313th meeting dated 8 -11 -2010 that in a way the importers who are the respondents, applicants herein, are treated differently than the indigenous manufacturers -original petitioners and therefore there is a discrimination in treatment meted out to the petitioners violating Art. 14 of the Constitution of India, which has led to filing of the petitions and grant of interim relief.
(2.) HEARD learned Advocate General and Sr. Counsel Shri Kamal Trivedi appearing for M/s. Nanavati Associates for some of the applicants. He has referred to the background of the facts and submitted that the ground on which interim relief is granted is not made out and the factual background is totally incorrect. Learned Advocate General Shri Trivedi referred to the grounds and submitted that the first contention raised that exemption is granted to the importers like the applicants herein, original respondents, from registration of the technical material (grade) is totally non -existent. Learned Advocate General Shri Kamal Trivedi submitted that no exemption is granted. He referred to the scheme of the Insecticides Act, 1968 (hereinafter referred to as 'the Act') and submitted that considering the importance of new formulations and to promote agriculture, the Act has been enacted and guidelines have been made as well as the Registration Committee, as provided under the statute, has been constituted which looks after the aspect of registration'. He submitted that the applicants, as importers, are only importing the formulations for which the applicants have sought the registration of the formulations and not registration of the technical grade/material.
(3.) LEARNED Advocate General and Sr. Counsel Shri Trivedi referred to Section 9(1) and Section 9(3) of the Act and submitted that it refers to registration of the insecticides and the procedure which is required to be followed and it takes care and the Committee, which has been constituted would make an inquiry and after satisfying itself with the effect of the pesticide and its safety to human beings and animals, shall register the formulation. He, therefore, submitted that the submissions regarding any exemption are misconceived. He referred to the minutes of the 313th Meeting (special) of the Registration Committee dated 8 -11 -2010 produced at Annexure -D and emphasized that it has been specifically provided,