Delhi High Court - Orders
Cipla Limited vs National Pharmaceutical Pricing ... on 12 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1947/2024 & C.M.Nos.8173-8174/2024
CIPLA LIMITED ..... Petitioner
Through: Mr.Amit Sibal, Sr.Advocate with
Ms.Archana Sahadeva, Mr.Rishab
Sharma and Mr.Saksham Garg,
Advocates.
versus
NATIONAL PHARMACEUTICAL PRICING AUTHORITY &
ANR. ..... Respondents
Through: Mr.Kirtiman Singh, CGSC with
Mr.Waize Ali Noor, Ms.Vidhi Jain
and Mr.Rudra Paliwal, Advocate for
UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 12.02.2024
1. After some arguments, learned senior counsel for the petitioner states that the petitioner shall file a review petition under paragraph 31 of Drugs (Price Control) Order, 2013 within three days. He further states that henceforth the petitioner shall not manufacture the drug(s) in question at a price higher than the retail price fixed by the respondents vide Notification dated 01st January, 2024.
2. This Court is of the view that the offer made by learned senior counsel for the petitioner (which is in the nature of a very short-term arrangement) is fair and reasonable.
This is a digitally signed order.
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3. Accordingly, the Department of Pharmaceuticals is directed to decide the petitioner's review petition on merit, in accordance with law, as expeditiously as possible preferably within two weeks, after giving an opportunity of hearing to the petitioner. The delay in filing the review petition is condoned.
4. Till a decision is taken on the review petition by the Department of Pharmaceuticals, no coercive action shall be taken against the petitioner by the respondents.
5. In view of the above, present writ petition along with the applications is disposed of. It is clarified that this Court has not commented on the merits of the controversy. The rights and contentions of all the parties are left open.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J FEBRUARY 12, 2024 KA This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/02/2024 at 22:43:22