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Cipla Ltd. & Anr vs Union Of India & Anr on 25 January, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Talwant Singh

                           $~36
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +    W.P.(C) 1535/2022
                                CIPLA LTD. & ANR.                         ..... Petitioners
                                                 Through Ms Archana Sahdeva, Adv.
                                                 versus
                                UNION OF INDIA & ANR.                     ..... Respondents
                                                 Through Mr Kirtiman Singh, CGSC
                                CORAM:
                                HON'BLE MR JUSTICE RAJIV SHAKDHER
                                HON'BLE MR JUSTICE TALWANT SINGH
                                           ORDER

% 25.01.2022 [Court hearing convened via video-conferencing on account of COVID-19] CM Nos.4416-17/2022

1. Allowed, subject to just exceptions.

W.P.(C) 1535/2022 & CM No.4415/2022[Application filed on behalf of the petitioners for interim relief]

2. In this writ petition, inter alia, challenge is made to the demand notice dated 10.11.2021, issued by the National Pharmaceutical Pricing Authority [in short, "NPPA"]. This demand has been raised by the NPPA pursuant to the provisions of para 15(5) of the Drugs (Price Control) Order, 2013 [in short, "DPCO"].

3. Ms Archana Sahdeva, who appears on behalf of the petitioners, has submitted that the issue, which arises for consideration, in the present petition also obtains in W.P.(C) No.4725/2018, titled Candila Healthcare Ltd. and Anr. vs. Union of India and Anr., and W.P.(C) No.11122/2019, titled Cadila Healthcare Ltd. & Anr. vs. Union of India & Anr. [See pages 76 and 78 of the case file.] W.P.(C) 1535/2022 1/3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:26.01.2022 16:28:58 3.1. We are told that W.P.(C) No.11122/2019 is listed before the Court on 19.04.2022.

3.2. Furthermore, Ms Sahdeva informs us that, insofar as the overcharged amount demanded by NPPA is concerned, the same has been deposited by the petitioners. To be noted, the overcharged amount indicated in the impugned demand notice is Rs. 79,94,450/-.

4. Therefore, according to Ms Sahdeva, at the present juncture, the petitioner seeks stay on the demand concerning penalty and interest on the overcharged amount.

4.1. The penalty amount indicated in the impugned demand notice is Rs.39,97,225/-.

5. Mr Kirtiman Singh, who appears on behalf of the respondents, does not dispute that the aforementioned writ petitions are pending consideration before this Court.

6. Issue notice.

6.1. Mr Kirtiman Singh accepts notice on behalf of the respondents.

7. The counter-affidavit will be filed within four weeks from today. 7.1. Rejoinder thereto, if any, will be filed before the next date of hearing.

8. In the meanwhile, there shall be a stay on the recovery of the penalty as well as the interest on the overcharged amount.

9. List the above-captioned matter on the same date i.e., 19.04.2022.

10. At this stage, Ms Sahdeva informs us that the cause title of W.P.(C) No.4725/2018 was corrected to the following:

"Cadila Healthcare Ltd. and Anr. vs. Union of India and Anr."

11. The statement of Ms Sahdeva is taken on record.

RAJIV SHAKDHER, J TALWANT SINGH, J JANUARY 25, 2022/pmc Click here to check corrigendum, if any W.P.(C) 1535/2022 3/3 Signature Not Verified Digitally Signed By:PREM MOHAN CHOUDHARY Signing Date:26.01.2022 16:28:58