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SUNITA AGARWAL, PRANAV TRIVEDI
UNION OF INDIA – Appellant
Versus
CLARIS LIFESCIENCES LIMITED – Respondent
ORDER :
1. Draft amendment is formal in nature. The amendment sought to be made is, thus, granted. Necessary incorporation be made in the array of parties within 48 hours.
2. Present appeals preferred under Clause-15 of the Letters Patent assail the correctness and validity of the judgment dated 26.12.2017 passed by the learned Single Judge in SCA No. 11459/2008 as well as SCA No. 13797/2011. As the issue arise in both the writ-petitions is common, we are taking the facts of SCA No. 13797 of 2011 as a lead matter to adjudicate the matter.
3. The prayers as made in the writ-petition preferred by the respondent-original petitioner was to issue a writ of certiorari or any other writ or direction to quash and set-aside the impugned order dated 25.5.2011 as well as praying for direction restraining the appellant from applying notification S.O 725(E) dated 27.8.1998 and the prices fixed therein to the product of the petitioner being Sodium Chloride/Dextrose Injection IP (0.9% W/V) 500 ml packed in NON-PVC “UNIBAG.”
4. Learned Single Judge after hearing the contentions raised by both the parties was pleased to allow the writ- petition by observing that the issue involved in the petition regar
The court established that price control provisions for scheduled drugs do not apply to non-scheduled formulations, particularly when distinct packaging technologies are involved.
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 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....
The court affirmed that all formulations of a scheduled drug, including gel, are subject to price regulations, emphasizing NPPA's authority in price control over the formulations.
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.
The court held that price fixation under the Ordinance was valid, with proper jurisdictions and procedures followed in its execution.
The government's inclusion of drugs under price control must strictly adhere to its own established criteria to avoid arbitrariness under Article 14.
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