Zeno Health Through Its Director v. The Assistant Commissioner And Licensing Authority And ANR

12-WP-18882-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18882 OF 2024 Zeno Health (A Unit of Zippin Pharma Private Limited)Through Its Director ... Petitioner

Versus

The Assistant Commissioner & Licensing Authority (Zone-3) & Anr.

... Respondents ---- Mr. Kalpesh Ulhas Patil for the Petitioner.

Ms. Kavita N. Salunke, AGP for the Respondent-State. ---- CORAM : SHIVKUMAR DIGE, ADVAIT M. SETHNA, JJ.

(VACATION COURT) DATE : 24th DECEMBER 2024 P.C. :- .

By the impugned order dated 8 October 2024, passed by Respondent No. 1, the said Respondent has suspended the licence granted to the Petitioner under the provisions of Drugs and Cosmetics Rules, 1945 and Drugs and Cosmetics Act, 1940, for selling the medicines through their outlets in various places in Mumbai, for a period of 30 days staring from 1 January 2025 to 30 January 2025.

2.

The Petitioner has already challenged the impugned order before Respondent No. 2 within a stipulated time limit. Till Gitalaxmi Page 1 of 2

12-WP-18882-2024.doc date, Respondent No. 2 has not decided the appeal filed by the Petitioner.

3.

Heard learned counsel for the Petitioner and learned AGP for the Respondent-State.

4.

Learned counsel for the Petitioner submits that the period of suspension of licence will start from 1 January 2025, hence requested to stay the impugned order.

5.

Learned AGP for the Respondent-State, on instructions, submits that the period of suspension of licence of the Petitioner, will be decided after deciding the appeal of Petitioner.

6.

As the Petitioner has challenged the impugned order of suspending their licence by filing an appeal before the Appellate Authority, which is pending, the impugned order is stayed till the decision of appeal.

7.

Writ Petition No. 18882 of 2024 stands disposed of accordingly.

[ADVAIT M. SETHNA, J.] [SHIVKUMAR DIGE, J.] PALLAVI MAHENDRA WARGAONKAR PALLAVI MAHENDRA WARGAONKAR Date: 2024.12.24 20:00:52 +0530 Gitalaxmi Page 2 of 2