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Delhi High Court - Orders

Yatin Sharma vs Union Of India And Ors on 30 August, 2024

Author: Sanjeev Narula

Bench: Sanjeev Narula

                                    $~2
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 11126/2024
                                                YATIN SHARMA                                                                        .....Petitioner
                                                                                      Through:                 Mr. Swapnil Choudhary, Mr. Prashant
                                                                                                               Gupta, Mr. Yatin Sharma, Mr. Pulkit
                                                                                                               Choudhary and Mr. Mohit Solanki,
                                                                                                               Advocates.

                                                                                      versus

                                                UNION OF INDIA AND ORS.                    .....Respondents
                                                              Through: Mr. Anurag Ahluwalia, CGSC with
                                                                        Mr. Tarveen Singh Nanda, GP with
                                                                        Mr. Abhay Singh, Advocates for R-1,
                                                                        10.

                                                CORAM:
                                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                                      ORDER

% 30.08.2024

1. The Petitioner grievance arises from the Ayurvedic medicine "Divya Manjan"/ "Divya Dant Manjan" manufactured by Respondent No. 2 and promoted by Respondents No. 2 to 6 that is allegedly offered for sale with a distinctive green dot symbolizing that the said products are vegetarian whereas the same contain Samudraphen (Sepia officinalis) which is a fish extract (Cuttlefish bone).

2. Counsel for the Petitioner contends that such an act amounts to 'Misbranding' under Section 9(c) read with Sections 17, 18 and 33(E) of the Drugs and Cosmetics Act, 1940.

3. Issue notice. Mr. Tarveen Singh Nanda, counsel accepts notice on 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 31/08/2024 at 06:10:39 behalf of Respondents No. 1 and 10. Counter affidavit be filed within four weeks from today. Rejoinder, if any, be filed within two weeks thereafter. Issue notice to the remaining Respondents, upon filing of process fee, by all permissible modes, returnable before the next date of hearing.

4. List on 28th November, 2024.

SANJEEV NARULA, J AUGUST 30, 2024 nk 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 31/08/2024 at 06:10:39