High Court of DelhiW.P.(C)/6647/2018

Abbott Healthcare Pvt Ltd v. Competition Commission Of India & ANR

2018-06-20Hon'Ble Mr. Justice Navin Chawla2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6647/2018 ABBOTT HEALTHCARE PVT LTD ..... Petitioner Through:

Mr.Rajiv Nayar, Sr. Adv. with Ms.Pallavi Shroff, Mr.Aashish Gupta, Ms.Manika Brar, Mr.Aditya Mukherjee, Mr.Anirudh Lekhi and Ms.Anjali Kumar, Advs.

versus COMPETITION COMMISSION OF INDIA & ANR.... Respondents Through:

Mr.Udayan Jain, Adv. for R-1 along with Mr.Manoj Pandey, Adviser.

Mr.Ripu Daman Bhardwa and Mr.T.P. Singh, Advs.for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 20.06.2018 CM Nos.25344-46/2018 (Exemption) Allowed, subject to all just exceptions.

W.P.(C) 6647/2018 & CM 25343/2018 This petition has been filed inter-alia praying for the following relief: "a. Issue a writ, order or direction in the nature of writ of certiorari or any other appropriate writ, order or direction setting aside the Impugned PF Order dated 05.07.2017 and the Review and Recall Order dated 08.05.2018, issued by the Respondent No.1."

The primary contention of the learned senior counsel for the petitioner is that the respondent no.1 while adjudicating on the review petition filed by

the petitioner had called for comments from the respondent no.2 National Pharmaceutical Pricing Authority (NPPA). The comments so received were never shared with the petitioner. In fact, respondent no.1 granted an opportunity of hearing to NPPA without any notice to the petitioner. It is only on coming to know of such ex-parte proceedings that the petitioner had filed a representation dated 04.05.2018, while protesting against the procedure being adopted and also making the comments on merits. Learned counsel for the respondent no.1, on instructions, submits that the Impugned Order dated 08.05.2018 may be set aside and the matter be remanded back to the respondent no.1 for fresh consideration after giving an opportunity of hearing to the petitioner.

It is ordered accordingly. The Impugned Order dated 08.05.2018 is set aside. The respondent no.1 shall be at liberty to pass an appropriate order after giving an opportunity of hearing to the petitioner. The petition and pending application are disposed of with the above directions.

Dasti.

NAVIN CHAWLA (VACATION JUDGE) JUNE 20, 2018/Arya