Delhi High Court - Orders
Cipla Limited & Anr vs National Pharmaceutical Pricing ... on 21 February, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~141
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 2478/2024
CIPLA LIMITED & ANR. ..... Petitioners
Through: Mr.Amit Sibal, Sr.Advocate with
Ms.Archana Sahadeva, Mr.Rishab
Sharma and Mr.Saksham Garg,
Advocates.
versus
NATIONAL PHARMACEUTICAL PRICING AUTHORITY &
ORS. ..... Respondents
Through: Mr.Ripu Daman Bhardwaj, CGSC
with Mr.Kushagra Kumar and
Ms.Sehaj Garg, Advocates for UOI.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 21.02.2024 C.M.No.10150/2024
1. Exemption allowed, subject to all just exceptions.
2. Accordingly, the application stands disposed of. W.P.(C) No.2478/2024 & C.M.No.10149/2024
3. Present writ petition has been filed challenging Para 14(2) of Drugs (Price Control) Order, 2013 ("DPCO") to the limited extent that it seeks to recover the 'entire' overcharged amount from a manufacturer, which includes the 'margin to retailer'.
4. Learned senior counsel for the petitioners states that under Rule 7 of DPCO, ceiling price is calculated by adding a margin of 16% which is 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 22/02/2024 at 21:32:37 statutorily allocated towards retailer's margin. He states that such margin cannot be recovered from a manufacturer as 'overcharged amount' as the said percentage of MRP was never received by the manufacturer. In support of his submission, he relies upon the judgment of the High Court of Allahabad in the case of TC Health Care Pvt. Ltd. vs. Union of India and Anr., (2010) SCC Online All 834. He further states that a Special Leave Petition against the said judgment as well as a Curative Petition has been dismissed.
5. Issue notice. Mr.Ripu Daman Bhardwaj, CGSC accepts notice on behalf of the UOI. He prays for and is permitted to file the counter affidavit within four weeks. Rejoinder affidavit, if any, be filed before the next date of hearing.
6. Till further orders, no coercive action shall be taken against the petitioners.
7. List on 11th July, 2024.
ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J FEBRUARY 21, 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 22/02/2024 at 21:32:37