Biotech International Ltd And ANR v. UOI And ORS

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8869/2011& CM APPL. 20053/2011 BIOTECH INTERNATIONAL LTD AND ANR .....Petitioners Through:

Mr.

Vaibhav Agnihotri and Ms. Sonakshi Chaturvedi, Advocates versus UOI AND ORS .....Respondents Through:

Mr.

Anil Soni, CGSC with Mr. Devvrat Yadav, Advocate for R-1 Mr. Raghav Authwal, Ms. Bharti, Ms.

Shilpa Kaushik, Mr. Yajuvendra Kumar and Mr. Sumeet Tanwar, Advocates

CORAM:

HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN

O R D E R

% 26.07.2024 1.

The present writ petition is filed under Articles 226 and 227 of the Constitution primarily for quashing of the order dated 01.12.2011 passed by the respondent no. 1. The petitioners have made the following prayer:- (a) Quash the letter dated 24.08.2011 issued by the Respondent No 1 to the Petitioner directing it to file a reply to the appeal bearing No 06/2011 filed by the Respondent No 3..... 24 August 2015;

(b) Quash the impugned order dated 01.12.2011 passed by the Respondent No 1 erroneously rejecting the preliminary objections filed by the Petitioner;

(c) Call for the records of the Respondent No.1 pertaining to Appeal No. 06 of 2011 filed by Rahit Khosla/Respondent No.3; (d) Issue a writ of or in the nature of prohibition or any other appropriate writ, order or direction to prohibit/forbid the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:05:10

Respondent No 1 from proceeding with the adjudication of Appeal No. 06 of 2011 filed by the Respondent No 3 and be further pleased to adjudge, hold and declare that the Respondent No. 1 does not have the jurisdiction to adjudicate upon the said appeal filed by the Respondent No 3 and be further pleased to quash all the proceedings taken by the Respondent No. 1 pursuant to Appeal No. 06 of 2011 and all orders passed therein and order dismissal of the said appeal (e) Issue such further or other writs, orders or directions as would afford complete relief to the Petitioner, (f) Award costs of the petition in favour of the Petitioner, (g) Pass such further or other orders as may be deemed just and proper in the circumstances of the case 2.

Mr. Vaibhav Agnihotri, Advocate for the petitioners stated that the respondent no. 1 has already passed a final order dated 06.06.2018 holding that the appeal preferred by the respondent no. 3 is not maintainable and further stated that in view of the final order dated 06.06.2018, the present petition can be disposed of.

3.

In view of the submissions made by the counsel for the petitioners, the present petition is accordingly disposed of along with the pending applications, if any.

DR. SUDHIR KUMAR JAIN, J JULY 26, 2024 Sk/abk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 08:05:10