Dr. Reddys Laboratories Limited And ANR. v. The State Of Maharashtra And ORS.

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.236 OF 2015 Dr. Reddy's Laboratories Limited & Anr.

Petitioners Vs.

The State of Maharashtra and Ors.

Respondents Mr. I.M. Chagla, Senior Advocate a/w Mr. Naval Agarwal a/w Mr. Naushad Engineer a/w Mr. Meiryn Fernandes i/by M/s. Vaish Associates, for Petitioners.

Mr. V.S. Gokhale, AGP, for Respondent Nos.1 to 3.

CORAM:

A.S.OKA & A.K. MENON, JJ.

DATE:

8th JANUARY, 2015 P.C.:- Not on board. Taken on board.

.

Heard the learned Senior Counsel appearing for the Petitioners and the learned AGP for the Respondents. By order dated 19th November, 2014 passed by the third Respondent, the licence granted to the Petitioners under the Rules framed under the Drugs and Cosmetics Act, 1940 was ordered to be suspended from 12th January, 2015 till 10th February, 2015 (both days inclusive). The Appeal along with a prayer for stay was filed by the Petitioners on 9th December, 2014. The learned Senior counsel appearing for the Petitioners pointed out that the Appeal

was heard for some time on 6th January, 2015. However, no order has been passed on the prayer for stay.

2.

Considering the limited controversy, we dispose of the Petition by passing the following order :-

ORDER

(i) We direct the Petitioners to appear before the Appellate Authority on Monday 12th January, 2015 at 3.00 pm. We direct the Appellate Authority to decide the application for stay/prayer for interim relief in the pending Appeal within a period of two weeks from 12th January, 2015. The order passed on the application for stay shall be communicated to the Petitioners;

(ii) Till the date of communication of the order on the application for stay, the impugned order dated 19th November, 2014 shall not be implemented. If the order on stay application be adverse to the Petitioners, the limited protection granted to the Petitioners under this order will continue to operate for a period of two weeks from the date on which the order is served upon the Petitioners;

(iii) We make it clear that the prayer for stay will be decided without being influenced by the limited protection granted by this Court.

(iv) The Petition is disposed of on above terms; (v) All concerned to act upon authenticated copy of this order. (A.K. MENON, J.) (A.S.OKA, J.)