Skites Pharma Private Limited v. Assistant Commissioner Food And Drugs Administation And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18078 OF 2024 Skites Pharma Pvt Ltd .. Petitioner

Versus

Assistant Commissioner & Anr .. Respondents Mr. Rushikesh Kekane, Advocates for the Petitioner. Ms.V.R. Raje, AGP, for the Respondent /State. CORAM: B. P. COLABAWALLA & by ANJALI TUSHAR ASWALE Date: 2024.12.13 16:01:52 +0530 ANJALI TUSHAR ASWALE SOMASEKHAR SUNDARESAN, JJ.

DATE:

P. C.

1.

Leave granted to the Petitioner to correct the dates in prayer clauses (a) and (b) of the Writ Petition. Amendment shall be carried out forthwith in front of the Associate. Re-verification is dispensed with. 2.

The above Writ Petition is filed seeking a direction to Respondent No.2 to decide the Appeal dated 3rd October 2024 filed by the Petitioner as expeditiously as possible and in a time-bound manner. The interim relief sought is that this Court be pleased to stay the operation, implementation and execution of the impugned order dated 16th September

2024 passed by Respondent No.1. By the impugned order, the license of the Petitioner is suspended for 25 days starting from 16th December 2024. 3.

When we enquired from the learned AGP appearing on behalf of the Respondents, she stated that she does not have any instructions as to within how much time the Appeal would be disposed of. She submitted that any reasonable time be fixed for disposal of the Appeal filed by the Petitioner before Respondent No.2.

4.

Considering these circumstances, we dispose of the above Writ Petition by directing that the Appeal filed by the Petitioner shall be disposed of by Respondent No.2 as expeditiously as possible and preferably within a period of four months from today.

5.

In the meanwhile, and without prejudice to the rights and contentions of the parties, till a decision in the aforesaid Appeal is rendered, the effect, implementation and execution of the impugned order dated 16th September 2024, and which is the subject matter of the Appeal, shall remain stayed.

6.

Needless to observe that in the event the Petitioner fails in his Appeal, it will certainly be within the powers of the Appellate Authority to pass whatever orders it deems fit. All contentions of the parties in the pending Appeal are expressly kept open and we have not opined on the merits of the matter one way or the other.

7.

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

8.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.]