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2024 Supreme(SC) 589

SANJAY KUMAR, AUGUSTINE GEORGE MASIH
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant : Mr. Ashish Verma, Adv. Mr. Nikhil Manjithia, Adv. Mr. Kartikey Bhargava, Adv. Mr. Birendra Kumar Mishra, AOR Ms. Poonam Atey, Adv. Mr. Sirajuddin, Adv.
For the Respondent: Mr. Gurmeet Singh Makker, AOR

JUDGMENT :

Sanjay Kumar, J.

Having failed before the Delhi High Court at both levels, the appellant approached this Court.

2. Noting that the appellant had already paid a sum of Rs. 1.25 crores towards the demand made by the respondent authorities, this Court directed status quo to be maintained in relation to recovery of the remaining sum payable by the appellant, vide order dated 10.11.2014.

3. Challenge in W.P.(C) No. 10700 of 2005, filed by the appellant before the Delhi High Court, was to the demand notices dated 08.02.2005 and 13.06.2005. By order dated 13.07.2005, a learned Judge dismissed the said writ petition. The appellant, thereupon, filed L.P.A. No. 1629 of 2005 but the appeal met with the same fate when a Division Bench of the High Court dismissed it by the impugned judgment dated 06.08.2014.

4. The issue for consideration is whether the National Pharmaceutical Pricing Authority (for brevity, 'the NPPA'), Government of India, was justified in raising a demand against the appellant to recover the higher price charged in relation to Roscilox, a brand of a Cloxacillin-based drug formulation, than that fixed by the Government under the provisions of the Drugs (Price Control) O

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