CIPLA LIMITED vs UNION OF INDIA - 2015 Supreme(Del) 3304

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Del) 3304

BADAR DURREZ AHMED, VIBHU BAKHRU
CIPLA LIMITED – Appellant
Versus
UNION OF INDIA – Respondent

Advocate Appeared:
For the Petitioner:Ms Saman Ahsan for petitioner in WPC 4897/2013.
Mr Rajeev Saxena with Ms Mehak Tanwar for petitioner in WPC 5230/2013.
Mr Gaurav Chauhan for petitioner in WPC 8566/2014
Ms Ishani Chandra with Ms Niharika Swaroop for WPC 4965/2013
Mr Anuj Sarma for the petitioner in WPC 7802/2013.
Mrs Prathiba M. Singh, Sr Advocate with Ms Archana Sahadeva and Mr Kapil Midha for petitioner in WPC 4374/2013
Ms Manjira Dasgupta for petitioner 4883/2013
Mr Ankur Sangal with Ms Sucheta Roy for petitioner in WPC 4907/2013
Mr Manoj with Ms Aparna Sinha, Advocates for the petitioners in W.P.(C) Nos.4948/2013, 4959/2013 & 4964/2013.
Mr Jayant K. Mehta with Ms Madhavi Khare, Mr Sukant Vikram and Mr Saurabh Dev Karan Singh for the petitioners in WPC 4969/2013.
Mr Rishi Agrawala for the Petitioner in WP(C) 5063/2013.
Mr Gopal Jain, Sr. Adv. with Mr Ajay Bhargava and Mr Jeevan B. Panda for the petitioners in WPC 4805/2013.
Mr Rajiv Nayyar, Sr. Adv. with Ms Archana Sachdeva, Mr Kapil Midha, for the petitioner in WPC 5292/2013.
Ms Neelima Tripathi with Ms Deb Deepa for petitioner in WPC 5031/13
Ms Archana Sahadeva with Mr Kapil Midha for petitioner in WPC 4877/2013, 4888/13, 4917/13, 5129/13, 5229/13, 5290/13, 5295/13 & 5638/13.
Mr U.A. Rana with Mr Vineet Mohan for petitioner in WPC 5130/2013.
Mr Shiv Gupta with Mr Anoop Kandari for petitioner in WPC 4999/2013
For the Respondent: Mr Arun Bhardwaj with Ms Rishi Kapoor and Mr Abhishek for UOI in WP(C) 5991/2013.
Mr Jasmeet Singh with Ms Astha Sharma, Mr Srivats Kaushal and Mr Vidur Mohan for UOI.
Mr Amit Mahajan for UOI in WPC 5129/2013, 8566/2014.
Mr Manik Dogra for UOI in WPC 5031/2013, 5230/2013.
Mr Sanjeev Narula for UOI in WPC 4918/2013, 4948/2013, 4959/2013, 4969/2013, 4998/2013, 6373/2013 & 7802/2013.
Mr Peeyoosh Kalra for R-1 & 2 in WPC 5295/2013
Mr Anil Soni with Mr Naginder Benipal for UOI in WPC 5063/13

JUDGMENT :

BADAR DURREZ AHMED, J.

1. We have heard the learned counsel for the parties on the writ petitions as well as on the pending applications. Initially, the grievance of the petitioners was with regard to the proviso to paragraph 13 (1), Proviso to paragraph 24(1) and part of paragraph 16(4) of the Drugs (Price Control) Order, 2013 (hereinafter referred to as ‘DPCO, 2013’). There was also a challenge to the notification dated 26.06.2013.

2. The focus of the petitions was on the drugs manufactured prior to the date of the notification for which a new and lower ceiling price had been prescribed. In this connection, one of the counter-affidavits filed in WP(C) 4888/2013 (Micro Labs Limited and Another v. Union of India and Others) is relevant. The stand taken by the respondents was indicated in paragraph 53 thereof as under:-

“53. It is submitted that the manufacturers are required to issue price lists in accordance with paragraph 24 of the DPCO, 2013. As aforementioned, in implementation of ceiling price fixed by the Government, no person can sell essential medicines at a price higher than the price mentioned in current price list or label whichever is less. It is submitted that

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2015 Supreme(Del) 3304

BADAR DURREZ AHMED, VIBHU BAKHRUCIPLA LIMITED – AppellantVersusUNION OF INDIA – Respondent

Cases Referred (2)

BADAR DURREZ AHMED, VIBHU BAKHRU
CIPLA LIMITED – Appellant
Versus
UNION OF INDIA – Respondent