Section 72 of FSSA : Section 72: Civil Court Not To Have Jurisdiction

Explanation using Example

Imagine a restaurant owner, Mr. Sharma, is facing a penalty for allegedly not complying with the hygiene standards set by the Food Safety and Standards Authority of India (FSSAI). The case is being heard by an Adjudicating Officer appointed under the Food Safety and Standards Act, 2006. Mr. Sharma believes the penalty is unfair and decides to file a lawsuit in a civil court to challenge the penalty.

However, according to Section 72 of the Food Safety and Standards Act, 2006, Mr. Sharma cannot take this matter to a civil court because the jurisdiction to entertain any suit or proceeding related to such matters lies exclusively with the Adjudicating Officer or the Tribunal. Furthermore, Mr. Sharma cannot seek an injunction from any court to stop the penalty action taken by the FSSAI, as the Act does not permit any court to grant injunctions against actions taken under its authority.