Amitava Ganguly Vs. Union of India and ors - Court Judgment

Excerpt:
the court : as directed by us, the petitioner has placed today the report in respect of the insecticides in question which, according to the petitioner, is ineffective. the same is taken on record. respondent union of india is directed to get the report examined through the respondent no.4 national institute of malaria research. the petitioner is directed to send a copy of the report direct to the respondent no.4 so that time is saved in obtaining their response. learned counsel appearing for the union of india wants further time to file affidavit in the matter. we may record that on 30th july 2010 similar request was considered by this court and time was granted to file affidavit-in-opposition but it appears that the concerned officer of the respondent no.3 has not yet finalized the draft affidavit-in opposition. we make it clear that if no affidavit-in-opposition is filed within a period of four weeks from date, we will be constrained to summon the officer-in-charge in the matter to personally remain present in court with all the relevant records to assist the learned counsel representing union of india. let the matter appear in the list four weeks hence. certified photostat copy of this order be made available to the parties upon compliance of usual formalities.

Judgment:
The Court : As directed by us, the petitioner has placed today the report in respect of the insecticides in question which, according to the petitioner, is ineffective. The same is taken on record. Respondent Union of India is directed to get the report examined through the Respondent No.4 National Institute of Malaria Research.

The petitioner is directed to send a copy of the report direct to the Respondent No.4 so that time is saved in obtaining their response. Learned counsel appearing for the Union of India wants further time to file affidavit in the matter. We may record that on 30th July 2010 similar request was considered by this Court and time was granted to file Affidavit-in-opposition but it appears that the concerned officer of the Respondent No.3 has not yet finalized the draft affidavit-in opposition. We make it clear that if no affidavit-in-opposition is filed within a period of four weeks from date, we will be constrained to summon the Officer-in-charge in the matter to personally remain present in Court with all the relevant records to assist the learned counsel representing Union of India.

Let the matter appear in the list four weeks hence. Certified Photostat copy of this order be made available to the parties upon compliance of usual formalities.