Macleods Pharmaceuticals Limited And ANR. v. Union Of India And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.69 OF 2010 Macleods Pharmaceuticals Ltd. and another ... Petitioners v/s Union of India and others ... Respondents Ms Alpana Ghone with Mr Y. Ghogari i/b M/s Sonal Doshi and Co. for Petitioners.

Mr A.R. Varma with Mr J.P. Singh and Mr A. Sethna for Respondents.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA JJ.

DATE : 9TH SEPTEMBER 2015 P.C.:- 1.

This Writ Petition filed under Article 226 of the Constitution of India has been pending in this Court for quite some time. The two prayers in the Writ Petition and on which essentially the reliefs are based read as under :- "(a) for a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or

direction calling for the records of case relating lto the impugned Orders / Notifications dated 17.11.2009 (Exhibits 'J' and 'N') and after considering the legality or otherwise thereof, quash and set aside the said Orders / Notifications (Exhibits 'J' and 'N');

(b) that this Hon'ble Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate order or direction directing the Respondent No.4 to withdraw and cancel the orders / notifications all dated 17.11.2009 (Exhibits 'J' and 'N' respectively);"

2.

After the Writ Petition was placed before us earlier and today, Ms Ghone, learned counsel appearing on behalf of the Petitioners, fairly stated that the present matter is covered by the judgment of the Hon'ble supreme Court in the case of Union of India and another v/s M/s Swiss Garnier Life Sciences and others, in Civil Appeal Nos.5117 and 5118 of 2013 decided on 4th July 2013. She would fairly submit that both the Notifications impugned herein and referred to in prayer clauses, are upheld by the Hon'ble Supreme Court.

4.

In view of this authoritative pronouncement and nothing contrary to the same being brought to our notice, we dismiss this

Writ Petition in terms of the Supreme Court Judgment referred to above. There will be no order as to costs.

(B.P. COLABAWALLA, J.) (S.C.DHARMADHIKARI J.)