Zeno Health (A Unit Of Zippin Pharma Pvt Ltd ) Through Its Director v. The Assistant Commissioner And Licensing Authority And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

(26) WRIT PETTION NO. 17681 OF 2024 AND

(28) WRIT PETTION NO. 17683 OF 2024 AND

(31) WRIT PETTION NO. 17772 OF 2024 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.12.11 18:09:31 +0530 SHRADDHA KAMLESH TALEKAR Zeno Health (A Unit of Zippin Pharma Private Limited) through its Incharge Rajendra C. Singh

...Petitioner

Versus

1. The Assistant Commissioner and Licensing Authority Zone 6, Food and Drug Administrtion

2. The State of Maharashtra The Department of Food and Drugs Mantralaya, Mumbai

...Respondents

Mr. Kalpesh U. Patil, for Petitioner in above Petitions. Mr. Bapusaheb Dahiphale, AGP for Respondent No.2-State in WP17683-2024. Ms. Savita Prabhune, AGP, for Respondent No. 2-State in WP-176812024, WP-17772-2024. CORAM: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

Date :

P. C.

1.

The above Writ Petitions are filed seeking a direction to Respondent No. 2 to pass an order in the Appeals filed by the Petitioner and also stay the

Suspension Orders (passed on different dates), which are challenged in the Appeals filed before Respondent No.2. The chart with the dates of the Impugned Order is as under :

Sr.

No.

Writ Petition No.

Unit Date of the Impugned Orders Writ Petition No. 17681 of 2024 Ulhasnagar 4 September 13, 2024 Writ Petition No. 17683 of 2024 Kharghar September 18, 2024 Writ Petition No. 17772 of 2024 Ulhasnagar 3 September 13, 2024 2.

Considering the limited relief sought, we direct Respondent No. 2 to decide the Appeals filed by the Petitioners above 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 of the aforesaid Appeals, the Suspension Orders passed in relation to the above Petitioners and which form the subject matter of separate Appeals, shall remain stayed. 4.

Needless to observe that in the event the Petitioners fail in their Appeals, 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 Petitioners, if it so chooses to do. All the contentions of the parties in the pending Appeals are expressly kept open.

5.

The above Writ Petitions are 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 ]