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Bombay High CourtWP/6972/2025disposed off

Oyster And Pearl Hosptal Pvt Ltd v. State Of Maharashtra Thr Ld Minister For Food And Drugs And ORS

2025-07-03Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Justice Revati Mohite Dere3 pages

Digitally signed by SHAGUFTA QUTBUDDIN PATHAN Date:

2025.07.07 15:48:27 +0530 SHAGUFTA QUTBUDDIN PATHAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6972 OF 2025 Oyster And Pearl Hosptal Pvt. Ltd.

Through its Authorized Person Dr. Ritesh R. Chandure ... Petitioner

Versus

The State of Maharashtra, Through Learned Minister for Food And Drugs Administration Department & Ors.

... Respondents Mr. Rahul More for the Petitioner Mr. Ketan Joshi, `B' Panel Counsel for the Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ.

THURSDAY, 3 rd JULY 2025 P.C :

By this petition, the petitioner essentially seeks a direction to respondent No.1, to decide the appeal and/or consider ad-interim application preferred by the petitioner under Rule 66(2) of the Drugs and Cosmetics Rules, 1945. In the appeal filed before the respondent No.1, the petitioner has impugned the judgment and order dated 30th September 2024, 1/3

passed by the learned Joint Commissioner, Food and Drugs Administration Maharashtra, Pune Zone-5.

Perused the petition. Considering that the only relief sought is for expeditious disposal of the appeal, we deem it appropriate to request respondent No.1 to decide the petitioner's appeal and/or consider the ad-interim application filed therein, in accordance with law.

We make it clear that if any interim relief is granted, the same shall be by way of a reasoned order. Considering that this matter arises under the Drugs and Cosmetics Rules, 1945, we hope and trust that respondent No.1 shall decide the appeal expeditiously, bearing in mind the object and purpose of the said legislation.

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Petition is disposed of accordingly.

All concerned to act on the authenticated copy of this order.

DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J. 3/3