# In the matter of JVL Agro Industries Limited vs. City Health Officer and another

> HC judgment dated 2024-08-09. Citation: TCN-2024-HC-00050. This criminal revision challenges an order dated 2020-01-18 passed by the Metropolitan Magistrate,…

- **Court:** HC
- **Order date:** 9 Aug 2024
- **Citation:** TCN-2024-HC-00050
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/jvl-agro-industries-limited-vs-city-health-officer-and-another-5f8eb4f6

## Summary

### Background

This criminal revision challenges an order dated 2020-01-18 passed by the Metropolitan Magistrate, Ist, Kanpur Nagar, convicting Pankaj Tiwari under Sections 7/16 of the Prevention of Food Adulteration Act and fining Jhunjhunwala Vanaspati Ltd. The revisionist, a convicted accused, approached the court after the appellate court dismissed their appeal. The counsel for the revisionist argued that since the company, formerly known as M/s Jhunjhunwala Vanaspati Ltd., is undergoing liquidation, the judgment and order should be set aside under the Insolvency and Bankruptcy Code, 2016.

## Facts

On 2007-10-23, the Food Inspector Shyam Lal Shakya inspected a shop in Kanpur Nagar and purchased three packets of Super Jhula vanaspati. The samples were sent for analysis to the Public Analyst, Lucknow, who reported deficiencies on 2007-12-01. Subsequently, a complaint was filed, leading to Case No. 517 of 2008. On 2020-01-18, the Metropolitan Magistrate convicted Pankaj Tiwari under Sections 7/16 of the Prevention of Food Adulteration Act, sentencing him to six months imprisonment and a fine of Rs. 10,000. Jhunjhunwala Vanaspati Ltd. was fined Rs. 10,00,000. Pankaj Tiwari and Awadhesh Rai were taken into custody. Appeals were filed, but Pankaj Tiwari died during the pendency of his appeal. The appellate court dismissed the company's appeal on 2022-02-22. An

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## Issues and analysis

### Issue 1: Whether the ongoing liquidation of M/s JVL Agro Industries Ltd. under the Insolvency and Bankruptcy …

**Ratio:** The principle of moratorium under the Insolvency and Bankruptcy Code, 2016, aims to

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**Reasoning:** The court reasoned that the proceedings giving rise to the criminal revision were in

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**Interpretation:** The court interpreted the provisions of the Insolvency and Bankruptcy Code,

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**Application:** The court applied the principle to the facts of the case, noting that the

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## Parties

- **Judges:** Rajeev…
- **Appellants:** M/S/ Of Jvl Agro…
- **Respondents:** JVL Agro Industrie…; City Health…

## Timeline

- **2007-10-23 — Inspection and Sample…**: Food Inspector Shyam Lal Shakya inspected a shop and collected samples of Super Jhula…
- **2007-12-01 — Public Analys…**: The Public Analyst, Lucknow, submitted a report…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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