Criticare Thr. Its Partner Sandeep P. Kothari v. The Assistant Commissioner And Licensing Authority (Zone 1) And ORS

27-WP-17682-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETTION NO. 17682 OF 2024 Criticare Medicals through its Partners, Mr. Sandeep P. Kothari

...Petitioner

Versus

1. The Assistant Commissioner and Licensing Authority (Zone-1), Food and Drug Administration Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.12.11 18:09:32 +0530 SHRADDHA KAMLESH TALEKAR

2. The State of Maharashtra The Department of Food and Drugs

3. The Secretary, Department of Medical Education and Drugs

...Respondents

Mr. Kalpesh Patil, for Petitioner.

Mr. Bapusaheb Dahiphale, AGP for State.

CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

Date :

December 10, 2024 P. C.

1.

The above Writ Petition is filed seeking a direction to Respondent No.2 to pass an order in the Appeal filed by the Petitioner and also stay the Order of Suspension, dated 16th September, 2024, which is challenged in the Appeal filed by the Petitioner.

December 10, 2024 Shraddha

27-WP-17682-2024.doc 2.

Considering the limited relief sought, we direct Respondent No. 2 to decide the Appeal filed by the Petitioner as expeditiously as possible and preferably within a period of four months from today. 3.

In the meanwhile, and without prejudice to the rights and contentions of the parties, till the decision in the aforesaid Appeal, the Suspension Order dated 16th September, 2024 in relation to the above Petitioner and which forms the subject matter of a separate Appeal, shall remain stayed. 4.

Needless to observe that in the event the Petitioner fails in its Appeal, it would certainly be within the powers of the Appellate Authority to modify the period of suspension and / or impose a future period of suspension on the Petitioner, if it so chooses to do. All the contentions of the parties in the pending Appeal are expressly kept open.

5.

The Writ Petition stands disposed of in the aforesaid terms. However, there shall be no order as to costs.

6.

Assistant of this Court. All concerned will act on production by fax or email [ SOMASEKHAR SUNDARESAN, J.] [ B.P. COLABAWALLA ] December 10, 2024 Shraddha