Gujarat High Court
Vapi Care Pharma Pvt Ltd vs Union Of India & Ors on 13 November, 2014
Author: Paresh Upadhyay
Bench: Paresh Upadhyay
C/SCA/11453/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11453 of 2014
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VAPI CARE PHARMA PVT LTD ....Petitioner
Versus
UNION OF INDIA & Ors ....Respondents
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Appearance:
MR MIHIR JOSHI, SR ADVOCATE WITH
MR SIRAJ R GORI, ADVOCATE for the Petitioner
MR DEVANG VYAS, Assistant Solicitor General for the Respondents
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CORAM: HONOURABLE MR.JUSTICE PARESH UPADHYAY
Date : 13/11/2014
ORAL ORDER
1. Heard Mr.Mihir Joshi, learned Senior Advocate with Mr.Siraj R Gori, learned advocate for the petitioner and Mr.Devang Vyas, learned Assistant Solicitor General for the respondent Authorities.
2. Challenge in this petition is made to the order dated 07.02.2014 passed by the Directorate General of Health Services.
3. On behalf of the respondents preliminary contention is raised about the maintainability of the petition. It is contended that, the said order is appealable order. To this, it is pointed Page 1 of 2 C/SCA/11453/2014 ORDER out on behalf of the petitioner that, the respondent Authority had earlier passed an order on 17.04.2013 which is relateable to Part XA of the Drugs and Cosmetics Rules, 1945. Reference is made to the Rule 122DB and Rule 122DC of the said Rules. It is submitted on behalf of the petitioner that, in view of this, the appeal can be filed against the order dated 17.04.2013, and therefore the said order is not under challenge in this petition, it is however submitted that, the impugned order dated 07.02.2014 not only travels much beyond the show cause notice, the operative part of it is sweeping and is without authority of law. The concluding part of the said order dated 07.02.2014 reads as under.
"...Further, as you have not complied with the direction of this office, it is to inform you that you are debarred for applying to any of the offices of CDSCO for any purpose for a period of 5 years."
4. Rule. By way of interim relief, it is ordered that, during the pendency of this petition, the above quoted part of the impugned order dated 07.02.2014, shall remain stayed.
(PARESH UPADHYAY, J.) M O Bhati/32 Page 2 of 2