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DELHI HIGH COURT
VIBHU BAKHRU
Alembic Pharmaceuticals Limited – Appellant
Versus
Union of India – Respondent


ORDER

Vibhu Bakhru, J. The petitioner has filed the present petition, inter alia, impugning a demand notice dated 09.11.2017 (hereafter `the impugned notice') issued by the National Pharmaceutical Pricing Authority (hereafter `NPPA'). By the impugned notice, the petitioner has been called upon to deposit a sum of Rs.2,36,75,036/- with the Pay and Accounts Officer, NPPA, on the ground that the said amount was overcharged by the petitioner in respect of the formulation, "Althrocin 125 mg Syrup containing Erythromycin 125 mg." (hereafter `the Formulation').

2. A plain reading of the impugned notice indicates that the same has been issued under Paragraph 14(2) of the Drugs (Prices Control) Order, 2013 (hereafter referred to as `the DPCO').

3. The Formulation was excluded from Schedule-I of the DPCO, with effect from 10.03.2016. It is accordingly contended on behalf of the petitioner that the NPPA has no jurisdiction to fix any ceiling price for the Formulation in terms of the DPCO. And, consequently, the demand raised under Paragraph 14 of the DPCO which is premised on the allegation that the petitioner has charged a price in excess of the ceiling price framed for the Formulation,

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