Softesule Private Limited v. The Union Of India And ANR

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1706/2016 & C.M.No.7318/2016 SOFTESULE PRIVATE LIMITED ..... Petitioner Through Mr.Kirti Uppal, Sr.Advocate with Ms.Gurkamal Hora Arora, Advocates.

versus THE UNION OF INDIA AND ANR ..... Respondents Through Mr.Ravi Prakash, CGSC for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 02.03.2016 Present writ petition has been filed challenging the demand notice dated 16th December, 2015 issued by the respondents on the ground that the same is in violation of principles of natural justice. After some arguments, it is agreed between the counsel for the parties that the impugned demand notice dated 16th December, 2015 shall be treated as a show cause notice in accordance with the paragraph 8(2) of the Drugs (Price Control) order dated 6th January, 1995.

The petitioner is given an opportunity to file a reply to the said show cause notice within a period of three weeks. The parties are directed to appear before the authority that issued the impugned notice, on 8th April, 2016. The authority shall pass a reasoned order, which shall be communicated to the petitioner by way of registered AD post.

The bank guarantee furnished by the petitioner vide orders dated 21st March, 2014 and 4th April, 2014 in W.P.(C) No.1838/2014 shall be kept alive, till disposal of the proceedings. In view thereof, the writ petition and the application are disposed of.

This Court however clarifies that it has not expressed any opinion on the merits of the controversy. The rights and contentions of all the parties are left open.

MANMOHAN, J MARCH 02, 2016 KA