DELHI HIGH COURT
D.N.PATEL, JYOTI SINGH
Astrazeneca Pharma India Limited – Appellant
Versus
National Pharmaceutical Pricing Authority – Respondent
| Table of Content |
|---|
| 1. petitioner's prayers against nppa's actions. (Para 3 , 4) |
| 2. petitioner's argument on jurisdiction and legality. (Para 5 , 7) |
| 3. court's directive for fresh consideration. (Para 6 , 8) |
| 4. writ petition disposed with directions. (Para 9 , 10) |
JUDGMENT
D.N.Patel, Chief Justice (Oral)--Proceedings in the matter have been conducted through video conferencing.
C.M.No.6284/2021 (exemptions)
2. Allowed, subject to all just exceptions.
The application is disposed of.
W.P.(C) No.2162/2021 & C.M.No.6283/2021(stay)
3. This writ petition has been preferred with the following prayers:-
"(a) Pass an appropriate writ, order or declaration quashing the Gazette Notification dated February 27, 2019 issued by the Respondent No.1/NPPA;
(b) Pass an appropriate writ, order or declaration quashing the Show-Cause Notice dated October 14, 2020 issued by the Respondent No.1 /NPPA;
(c) Pass an appropriate writ, order or declaration quashing the Order dated January 13, 2021 passed by the Respondent No.1/NPPA; and
(d) Pass any other or further order(s) which this Hon'ble Court deems fit in the interest of justice."
4. At the outset, learned Senior Counsel appearing for the petitioner invit
The NPPA is required to review its orders considering jurisdiction and procedural fairness, particularly regarding a patented drug's exemption under the Drug Price Control Order.
Ceiling prices under DPCO 2013 apply only to formulations expressly listed in First Schedule or added by specific orders; unspecified variants like sustained release not covered, barring pricing auth....
The court emphasizes the necessity of procedural fairness, specifically the requirement to provide an adequate opportunity of hearing before issuing demand notices for overcharged amounts when the fa....
A prima facie case of patent infringement exists where a party engages in unauthorized activities concerning a patent, justifying ex parte injunction.
The validity of notifications issued by the Central Government under the DPCO 1995 for drug price control is upheld, confirming that they were not issued mechanically and that yearly norm revisions a....
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