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2011 Supreme(Del) 421

S.MURALIDHAR
BEST LABORATORIES PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
Mr. S. Ganesh, Senior Advocate with Mr. Shobhit Chandra, Advocate.
Mr. Ruchir Mishra with Mr. Sandeep Bajaj and Ms. Neha Rastogi, Advocates.

JUDGMENT

30.05.2011 CM No. 20784 of 2010 (for amendment) The amendments prayed for are with respect to addition of two grounds which raise questions of law. For the reasons stated therein, the application is allowed. The writ petition is permitted to be amended. The amended writ petition is taken on record. The application is disposed of. W.P. (C) 639 of 2009 Background Facts

1. Best Laboratories Pvt. Ltd. („BLPL?) challenges an order dated 7th February 2006 issued by the National Pharmaceutical Pricing Authority („NPPA?) Respondent No. 2 herein under Paragraph 9(1) of the Drugs (Prices Control) Order, 1995 („DPCO 1995?) fixing ceiling prices for certain multi-vitamin formulations and the consequential demand dated 27th November 2008 issued by the NPPA requiring the Petitioner to deposit Rs. 1,41,57,104/- towards overcharging amount and interest up to October 2008.

2. BLPL is registered as a small-scale industrial unit. BLPL claims that it is entitled to exemption by an order dated 2nd March 1995 issued by the Ministry of Chemicals and Fertilisers under Para 25 of the DPCO 1995. BLPL states that in terms of the above exemption order every Drug Manufacturing Unit was entitled to
















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