S. Ravindra Bhat, J.

1. The writ petitioner, a pharmaceutical company manufacturing various kinds of drugs, (hereafter "Bayer") seeks directions to, inter alia, restrain grant of drug license in regard to an application by the third Respondent for the license to manufacture, sell and distribute its drug "Soranib". Bayer claims that the said drug is an imitation of, or substitute for its (the first petitioners) patented drug. It is submitted that the said drug "Soranib", being a "spurious drug" as defined in Section 17B of the Drugs and Cosmetics Act, (hereafter called "the Drugs Act") and the second respondent Drugs Controller (hereafter "the Controller" and "DGCI") would be exceeding his jurisdiction, and deciding in contravention of Chapter IV of the Drugs Act, if the application for marketing license is processed.

2. Bayer is a corporation organized and incorporated under the laws of Indiana, USA; the second petitioner is its Indian subsidiary. It is owner of Indian Patent number 215758 (hereinafter referred to as "the subject patent") which was granted by the Patent Office on March, 3, 2008. Therefore, by virtue of Section 48 of the Act, Bayer has exclusive right to pre