ORDER :

The petitioner, a Healthcare Global Enterprises Limited (hereinafter referred to as ‘the Company’ for short) is before this Court calling in question order dated 27-02-2019 by which the Ministry of Chemicals and Fertilizers in the Department of Pharmaceuticals imposes a cap on trade margin of 30% and directs manufacturers to fix their retail price based on price at first point of sale of the product of non-scheduled formulations containing in all those 42 drugs listed in the said order.

2. Shorn of unnecessary details, facts in brief that are germane for consideration, as borne out from the pleadings, are as follows :

The petitioner claims to be the largest provider of cancer care and is in the forefront of the battle against cancer and claims to have 20 comprehensive cancer care centers across the nation. The petitioner further claims that it has been successfully able to provide innovate and cost-effective methods of treatment and management of cancer. It operates a hub and spoke model and has been acclaimed of both commitment and quality of health care. The petitioner fits into the definition of retailer in any of the enactments that are necessary to be considered in the ca