JSA successfully represented PepsiCo India Holdings Private Limited before a Division Bench of the Delhi High Court, in setting aside the revocation of PepsiCo’s registration for its potato variety FL 2027 under the Protection of Plant Varieties and Farmers Rights Act, 2001 (“PPVFRA”). The FL 2027 variety is used for the manufacture of Lay’s potato chips.
PepsiCo’s registration was challenged by Ms. Kavitha Kuruganti, a farmers’ rights activist, on various grounds under Section 34 of the PPVFRA before the Protection of Plant Varieties and Farmers Rights Authority (“Authority”). These grounds pertained to alleged deficiencies in PepsiCo’s application for registration and that the grant of registration was against public interest.
The Authority had in December 2021 revoked PepsiCo’s registration. PepsiCo had challenged the matter before a Single Judge of the Delhi High Court and succeeded in getting several findings of the Authority set aside. However, the Ld. Single Judge upheld the revocation of PepsiCo’s registration.
Before the Division Bench, PepsiCo challenged the Ld. Single Judge’s order as also the Authority’s order revoking its registration. Ms. Kavitha Kuruganti also appealed to challenge the findings of the Ld. Single Judge in PepsiCo’s favour.
The Division Bench allowed PepsiCo’s appeal and dismissed Kavitha Kuruganti’s appeal, setting aside the orders passed by the Ld. Single Judge and the Authority.
Our Disputes Team Comprised Lead Partner – Dheeraj Nair and Principal Associate – Anjali Anchayil.
Anjali specialises in commercial arbitrations, litigation and complex corporate insolvencies. She handles a wide variety of matters before the Supreme Court of India, various High Courts, the National Company Law Tribunal (NCLT), the National Company Law Appellate Tribunal and arbitral tribunals.