Madhya Pradesh High Court
Inderraj And Company (A Partnership ... vs Principal Secretary Food And Drug ... on 9 January, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
1 WP-26476-2019
The High Court Of Madhya Pradesh
WP-26476-2019
(INDERRAJ AND COMPANY (A PARTNERSHIP FIRM) THR. MR. DEVENDRA SINGH RAJPAL S/O MR.
JOGINDER SINGH RAJP Vs PRINCIPAL SECRETARY FOOD AND DRUG ADMINISTRATION AND
OTHERS)
2
Indore, Dated : 09-01-2020
Shri Amar Choudhary, learned counsel for the Petitioner.
Heard.
The petitioner being a dealer has filed the present petition
seeking writ against respondent nos.3 and 4 that they be directed to
supply the medicines and drugs manufactured by thim.
The petitioner has submitted a legal notice to respondent nos.1 and 2 in light of Section 28 of the Drugs (Price Control) Order, 2013 which reads as under;
"28. Manufacturer, distributor or dealer not to refuse sale of drug- Subject to the provisions of the Drug and Cosmetics Act, 1940 (23 of 1940) and the rules made thereunder,
(a) no manufacturer or distributor shall withhold from sale or refuse to sell to a dealer any drug without good and sufficient reasons;
(b) no dealer shall withhold from sale or refuse to sell any drug available with him to a customer intending to purchase such drug."
The petitioner is a dealer of respondent nos.3 and 4 and despite that they are not supplying the drugs manufactured by them for which he has served legal notice to them and thereafter approached this Court seeking writ/order. According to the petitioner, respondent nos.3 and 4 are statutorily bound to supply drugs under Section 28 2 WP-26476-2019 the Act. Hence, a writ can not be issued to them by this Court.
Dealership between petitioner and respondent nos.3 and 4 is a purely commercial contract between two private parties and if the respondents are not supplying drug, writ can not be issued. In the case of purely commercial contract, interfere by High Court in writ petition is not permissible. The petition is misconceived and the same is hereby dismissed.
(VIVEK RUSIA)
JUDGE
amit
Amit
Amit Kumar
2020.01.13
Kumar 10:27:40
+05'30'