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2003 Supreme(SC) 707

S.RAJENDRA BABU, P.VENKATARAMA REDDI, ARUN KUMAR
Secretary, Ministry of Chemicals & Fertilizers, Government of India – Appellant
Versus
Cipla LTD. – Respondent


JUDGMENT

P. Venkatarama Reddi, J.-1.1 These appeals by special leave preferred by the Union of India are directed against the common judgment of the Bombay High Court in a batch of writ petitions filed under Article 226 of the Constitution by the manufacturers/importers of certain bulk drugs and their formulations. The bulk drugs concerned are seven in number. They are: Salbutamol, Theophylline, Cyproflaxacin, Norfloxacin, Cloxacillin, Doxycycline and Glipizide. These bulk drugs and the formulations made out of them are sold within the country and part of the quantities produced are also exported outside the country. The challenge is to the inclusion of the said bulk drugs in the first schedule to the Drugs (Price Control) Order, 1995 (hereinafter referred to as the DPCO ). Though the fixation of price pursuant to the provisions of the said Order was also challenged in some of the writ petitions, that issue was not gone into by the High Court and at any rate, the mechanics of price fixation is not the contentious issue before us. However, it may be noted that the remedy by way of review is available under paragraph 22 of the DPCO to seek reconsideration of price fixation. The imme

















































































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