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Supreme Court - Daily Orders

The National Anti Profiteering ... vs M/S Glenmark Pharmaceuticals Limited on 31 August, 2020

Author: Hrishikesh Roy

Bench: Hrishikesh Roy

      ITEM NO.4                  Court 6 (Video Conferencing)               SECTION XVI-A

                                     S U P R E M E C O U R T O F      I N D I A
                                             RECORD OF PROCEEDINGS

      Transfer Petition(s)(Civil)                  No(s).   920-923/2020

      THE NATIONAL ANTI PROFITEERING AUTHORITY                             Petitioner(s)

                                                      VERSUS

      M/S GLENMARK PHARMACEUTICALS LIMITED & ORS.                          Respondent(s)

      (FOR ADMISSION and IA No.80376/2020-EX-PARTE STAY )

      Date : 31-08-2020 These petitions were called on for hearing today.

      CORAM :
                            HON'BLE MR. JUSTICE HRISHIKESH ROY


      For Petitioner(s)                  Mr. Zoheb Hossain, AOR


      For Respondent(s)


                             UPON hearing the counsel the Court made the following
                                                O R D E R

The National Anti-Profiteering Authority (NAA) has filed this Transfer Petition for transfer of the writ petitions pending in the High Courts of Bombay, Gujarat and Karnataka, to the Delhi High Court.

Mr. Zoheb Hossain, the learned counsel appearing for the petitioner submits that the respondents-writ petitioners in their writ petitions have challenged the constitutional validity of Section 171 of CGST Act, 2017, relating to Anti Profiteering, the benefit not being passed to the eventual customers. Around 40 such Signature Not Verified writ petitions are being heard by the Delhi High Court. Digitally signed by GULSHAN KUMAR ARORA Date: 2020.08.31 17:01:20 IST Reason:

...2/-

- 2 -

The learned counsel next refers this Court’s order dated 19.02.2020 in the T.P. (C) Nos. 290-292/2020 to point out that similar writ petitions pending in the Delhi, Bombay, Punjab and Haryana High Courts, were ordered to be transferred, at the instance of the NAA.

In view of above, let notice, returnable within two weeks, be issued through all permissible modes.

The petitioner to ensure service on the respondent-writ petitioners, in the meantime.

(RAJNI MUKHI)                                       (DIPTI KHURANA)
COURT MASTER (SH)                                  COURT MASTER (NSH)