Lalita Prasad v. Union Of Inidia And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (Through video conferencing) CWP No.19560 of 2021 Date of Decision: 25.10.2021 LALITA PRASAD ......Petitioner Vs UNION OF INIDIA AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Gurpreet Singh, Advocate for the petitioner.

Mr. Satya Pal Jain, Addl. Solicitor General of India with Mr. Himanshu Malik, Advocate for respondents No.1 and 2.

**** RAJ MOHAN SINGH, J.(Oral) Petitioner has preferred this writ petition for the issuance of appropriate writ, order or direction in the nature of mandamus directing respondents No.1 and 2 to decide the quantum of compensation as per relevant rules and formula. The compensation is payable to the petitioner on account of death of his daughter due to some clinical trial. On 28.09.2021, following order was passed by the Coordinate Bench of this Court:-

 "This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

Learned counsel for the petitioner submits that the competent authority is not quantifying the compensation as per the relevant rules. Learned counsel for the petitioner further submits that respondent no.3 has expressed its readiness and willingness to pay the compensation as may be quantified, but it is the quantification which is not being carried out.

Notice of motion to respondents no.1 and 2, at this stage.

Mr. Himanshu Malik, Advocate, accepts notice on behalf of respondents no.1 and 2 and prays for some time to seek instructions.

At request, adjourned to 25.10.2021.

Provided there be no statutory impediment, quantum of compensation, be decided and report be placed on record on or before the next date of hearing. ( LISA GILL ) September 28, 2021.

JUDGE s.khan"

Mr. Satya Pal Jain, Addl. Solicitor General of India duly assisted by Mr. Himanshu Malik, Advocate for respondents No.1 and 2 has sent a copy of order dated 20.09.2021 passed by the Drugs Controller General (India) & Central Licensing Authority/respondent No.2 in the context of quantification of amount, the copy of the same has already been supplied to learned counsel for the petitioner.

 At this stage, learned counsel for the petitioner wishes to withdraw the present petition with a liberty to assail the order dated 20.09.2021 passed by respondent No.2 in accordance with law.

Dismissed as withdrawn with the liberty aforesaid. (RAJ MOHAN SINGH) October 25, 2021 JUDGE Atik Whether speaking/reasoned Yes/No Whether reportable Yes/No