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vinay kumar (Advocate)     06 June 2014


Dear Experts,

Thanks in advance and accept greeting for the day.

My question is , can representative /nominee in the FSSA case be changed during the process of court proceeding?

In detail, a complaint was filed by the Food Inspector in the concerned court and later the manufacturer was made party to that case ( this case is for Misbranding) . At the initial stage of the case Manufacturer (company) presented one of its official  as a representative of the company (Please note he was representative of the company not the proper nominee of the company, which is passed through the proper Board Resolution of the directors). During the passage of time that official left the company and now he is no more employed of this company. Now company wants to replace this representative with proper nominee of the company. An application under section 305(6) of the code has been already moved on behalf of the company. Will be grateful to you if you could provide some rulings with respect to my query. I have few but may be I could get some more relevant rulings by you experts.

Thanks & Regards.


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