Calcutta High Court (Appellete Side)
Fresenius Kabi Oncology Ltd. And Anr vs The State Of West Bengal And & Ors on 13 June, 2016
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1 72 Suman 13.06.16 CPAN 580 of 2016 In W. P. 28732 (W) of 2015 Fresenius Kabi Oncology Ltd. and Anr.
Vs. The State of West Bengal and & Ors.
Mr. Joydip Kar, Ld. Sr. Advocate Mr. Suman Kumar Dutt Mr. Atish Ghosh ..for the petitioner Mr. Pranab Kr. Datta, Ld. Sr. Adv.
Mr. Naba Kr. Das ...for the contemnors On the last occasion the alleged contemnor submitted a compliance report with some conditions by which the Court was not at all satisfied with the conditions imposed in the compliance report. As a result whereof, the Court directed Mr. Datta, learned Senior Counsel appearing for the contemnor to file a fresh compliance report by omitting some rider mentioned in the compliance report. Today when the matter is taken up, it is pointed out by Mr. Datta, learned advocate appearing for the alleged contemnor that since on the last occasion no order was passed by this Hon'ble Court to remove those unwanted portions mentioned in the so-called compliance report, therefore, the alleged contemnor was not in a position to remove those portions.
Considering the submissions advanced by Mr. Datta I direct the alleged contemnor to remove some portions of the third and fourth paragraph from the 2 last paragraph of the so-called compliance report dated 7th June, 2016 "For submission of a mutation certificate in favour of the applicants; whichever is earlier. Issue of this licence will not automatically entail the petitioners to further renewal of the licence."
Since it is appeared from the compliance report itself that the licence has been issued in favour of the petitioner in terms of the compliance of this Hon'ble Court's order dated 15th January, 2016, therefore, such grant of licence shall abide by the result of the appeal and the renewal of the licence will be in accordance with law. During subsistence of the licence it would be renewed in accordance with the West Bengal Solvent, Raffinate Shop and other Equivalent Petroleum Products (Acquisition sale, Storage and prevention of use in Automobiles) Order, 2000.
Accordingly, the contempt application is dropped.
(Samapti Chatterjee, J.) 3