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% 17.07.2025 CM APPL.41810/2025 (exemption from filing clear/typed original of annexures)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(C) 10060/2025 and CM APPL.41809/2025 (Stay)

3. The present petition assails a Demand Notice dated 22.04.2025, raised by the respondent upon the petitioner "for recovery of overcharged amount under para 13 of DPCO 1995 read with Section 7A of the Essential Commodities Act, 1955- Cloxacillin based formulations".

"7. Though an attempt was made before us by the learned counsel for the appellant to enlarge the scope of this appeal by questioning the very validity of the demand made under the DPCO, we are not inclined to permit the same. More so, as there is no evidence of the appellant having raised such an issue properly before the Delhi High Court. Similarly, we find that the issue as to whether computation of the demand was erroneous in the context of Paragraph 19 of the DPCO was raised by the appellant only during the course of arguments before the Division Bench of the High Court. Noting this, the Division Bench specifically recorded that such a plea had been made by the appellant before it for the first time and that the writ petition as well as the memorandum of appeal were bereft of any pleadings to that effect. Therefore, the appellant cannot be permitted to raise that plea before us at this stage."