High Court of DelhiW.P.(C)/1075/2020

Glenmark Pharmaceuticals Ltd & ANR v. Union Of India & ANR

2020-01-29Hon'Ble Mr. Justice Navin Chawla2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1075/2020 GLENMARK PHARMACEUTICALS LTD & ANR ..... Petitioners Through Mr.Arvind K. Nigam, Sr. Adv.with Mr.Debhalya Banerjee, Ms.Meghna Mishra, Mr.Rohan Sharma, Mr.Kartik Bhatnagar, Mr.Deeraj P.Deo, Ms.Shruti Katakey and Mr.Vardaan Wanchoo, Advs.

versus UNION OF INDIA & ANR ..... Respondents Through Mr.Kirtiman Singh, CGSC and Mr.Sreevats, GP, Mr.Rohan Anand and Mr.Waize Ali Noor, Adv. for UOI.

Mr.Shubham Gandhi, Adv. for Ms.Vinny Shangloo,GP.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.01.2020 CM No.3547/2020 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 1075/2020 & CM Nos.3546/2020, 3548/2020 This petition challenges the Show Cause Notice dated 11.10.2019 and the Communication dated 02.01.2020 issued by the respondent no.2, primarily holding that the petitioner was to make an application for seeking exemption under Clause 32 of the Drugs (Prices Control) Order, 2013 (DPCO) and having failed to do so, is liable to be proceeded against.

During the course of the arguments, the learned counsel for the respondents has submitted that, without prejudice to the rights and contentions of the respondents, the respondent no.2 shall grant an opportunity of hearing to the petitioner to determine if otherwise the petitioner is entitled to the benefit under Clause 32 of the DPCO. He further submits that in case the petitioner is held entitled to the benefit under Clause 32 of DPCO, the consequential order would follow. In view of the above statement, the Impugned Order shall not be given effect to till the respondent no.2 takes a decision in accordance with the statement made hereinabove.

Needless to state, in case the petitioner is aggrieved of the decision taken by the respondent no.2, it shall always be open to the petitioner to challenge the same in accordance with the law. It is further clarified that this Court has not expressed any opinion on the merit of the claim of the petitioner.

The petition is disposed of in the above terms, with no order as to cost.

Dasti.

NAVIN CHAWLA, J JANUARY 29, 2020/Arya