Nestle argued that its product did not contain lead in excess of permissible ceiling and challenged the tests by FSSAI and FDA, while the food regulators asserted that the lead content in Maggi detected during tests in reputed laboratories was harmful to public health.

The order was reserved by justices V M Kanade and B P Colabawala who had asked both the sides to give their consent for a fresh independent test. However, the parties could not arrive at a consensus to the suggestion mooted by High Court which cited it would pass an order on Monday.

Nestle's lawyer Iqbal Chhagla said the company was agreeable to the suggestion but the tests should be conducted in the presence of a renowned scientist and the samples available with the company should be used.

Darius Khambata, appearing for FDA, contended that one of the samples must be from the lot collected by state FDA. "For us, consumer interest is most important... this litigation may go on but we feel that the issue should be resolved amicably and therefore we suggested the parties to agree to a fresh independent test," the bench observed.

"As both the parties have given their say to our suggestion, we shall give an order on Monday on the issue," the judges said while adjouring the matter until then.

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