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Delhi High Court - Orders

Reckitt Benckiser India Private ... vs Union Of India And Anr on 1 May, 2023

Author: Manmohan

Bench: Manmohan

                              $~1 to 6
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 321/2019 & CM APPL. 1529/2019
                                    RECKITT BENCKISER INDIA PRIVATE LIMITED AND ORS.
                                                                               ..... Petitioners
                                                 Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                           Bawa, Mr.Anuj Garg and Mr. Mohit
                                                           Sharma, Advocates
                                                 versus

                                    UNION OF INDIA AND ANR.                  ..... Respondents
                                                  Through: Mr. Kirtiman Singh, Ms. Manmeet
                                                            Kaur Sareen and Ms. Vidhi Jain and
                                                            Mr. Waize Ali Noor, Advocates

                              +     W.P.(C) 502/2019 & CM APPL. 2375/2019
                                    MAGNET LABS PVT. LTD.                  ..... Petitioner
                                                 Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                          Bawa, Mr.Anuj Garg and Mr. Mohit
                                                          Sharma, Advocates
                                                 versus

                                    UNION OF INDIA AND ANR.                  ..... Respondents
                                                  Through: Mr. Kirtiman Singh, Ms. Manmeet
                                                            Kaur Sareen and Ms. Vidhi Jain and
                                                            Mr. Waize Ali Noor, Advocates

                              +     W.P.(C) 505/2019 & CM APPL. 2385/2019
                                    MANKIND PHARMA LIMITED & ANR          ..... Petitioners
                                                Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                         Bawa, Mr.Anuj Garg and Mr. Mohit
                                                         Sharma, Advocates

                                                    versus



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2023
18:28:37
                                   UNION OF INDIA & ANR                       ..... Respondents
                                                Through:    Mr. Kirtiman Singh, Ms. Manmeet
                                                            Kaur Sareen and Ms. Vidhi Jain and
                                                            Mr. Waize Ali Noor, Advocates

                              +   W.P.(C) 985/2019 & CM APPL. 4412/2019
                                  ASSOCIATION OF MANUFACTURERS OF AYURVEDIC
                                  MEDICINE                               ..... Petitioner
                                               Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                        Bawa, Mr.Anuj Garg and Mr. Mohit
                                                        Sharma, Advocates
                                               versus

                                  UNION OF INDIA AND ANR.                  ..... Respondents
                                                Through: Mr. Kirtiman Singh, Ms. Manmeet
                                                          Kaur Sareen and Ms. Vidhi Jain and
                                                          Mr. Waize Ali Noor, Advocates

                              +   W.P.(C) 5755/2020 & CM APPL. 20805/2020
                                  PERFETTI VAN MELLE INDIA PRIVATE LIMITED..... Petitioner
                                                Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                         Bawa, Mr.Anuj Garg and Mr. Mohit
                                                         Sharma, Advocates
                                                versus
                                  UNION OF INDIA                             ..... Respondent
                                                Through:    Mr. Kirtiman Singh, Ms. Manmeet
                                                            Kaur Sareen and Ms. Vidhi Jain and
                                                            Mr. Waize Ali Noor, Advocates

                              +   W.P.(C) 15712/2022 & CM APPL. 48899-48900/2022
                                  KAMA AYURVEDA PRIVATE LIMITED        ..... Petitioner
                                             Through: Mr. R. Jawahar Lal, Mr.Siddharth
                                                      Bawa, Mr.Anuj Garg and Mr. Mohit
                                                      Sharma, Advocates
                                             versus



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:02.05.2023
18:28:37
                                     UNION OF INDIA THROUGH THE SECRETARY TO THE
                                    GOVERNMENT & ANR.                    ..... Respondents
                                                  Through: Mr. Kirtiman Singh, Ms. Manmeet
                                                           Kaur Sareen and Ms. Vidhi Jain and
                                                           Mr. Waize Ali Noor, Advocates
                                    CORAM:
                                    HON'BLE MR. JUSTICE MANMOHAN
                                    HON'BLE MR. JUSTICE SAURABH BANERJEE
                                                         ORDER

% 01.05.2023

1. On 16th February, 2023, Mr. P.Chidambaram, learned senior counsel for the petitioners had stated that the petitioners shall be satisfied in the event Rule 170 and Form 26 E4 were re-examined by the respondents.

2. Today, Mr. Kirtiman Singh, learned counsel for the Union of India on instructions states that the writ petitions of the AYUSH stakeholders regarding Rule 170 of the Drugs and Cosmetics Rules, 1945 will be placed before the Ayurvedic, Siddha and Unani Drugs Technical Advisory Board (ASUDTAB) for reconsideration.

3. The statements made by learned counsel for the parties are accepted by this Court and the parties are held bound by the same.

4. With a view to balance the equities, this Court directs that any decision taken by the Union of India in pursuance to the decision of the ASUDTAB shall not be implemented for a period of four weeks from the date of its communication to the learned counsel for the petitioners. It is clarified that in the interregnum, the interim arrangement made by this Court shall continue.

5. With the aforesaid direction, the present batch of writ petitions stand disposed of. It is clarified that, in the event, the petitioners are aggrieved by Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:02.05.2023 18:28:37 the decision taken by the Union of India and/or ASUDTAB, the petitioners shall be at liberty to challenge the same even on the grounds mentioned in the writ petitions.

MANMOHAN, J SAURABH BANERJEE, J MAY 1, 2023 AS Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:02.05.2023 18:28:37