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1990 Supreme(Mad) 308

S.RAMALINGAM
ANTOX INDIA (P) LTD. – Appellant
Versus
STATE DRUG CONTROLLER – Respondent


Advocates appeared:
Mr. U. N. Rao & Mr. C. Daniel, for the Petitioner.
Mr. M. Govindaranjan, Mr. R. Krishnamoorthy & Mr. C. Francis Louis, for the Respondents.

ORDER

S. Ramalingam, J. - The prayer in the writ petition as originally filed read as follows :-

"..... to issue a Writ of Mandamus or any other Writ, order or direction in the nature of a Writ directing the first respondent to cancel the manufacturing licence issued in favour of respondent 2 on 2.4.1987 to manufacture the drug the brand name of Cal-De-Ce ...."

In view of the orders passed by the State Drug Controller, Tamil Nadu on 2.12.1989 on the complaint preferred by the petitioner, the petitioner has amended the prayer as follows :

".... to pass on order of Certiorarified Mandamus or direction in the nature of a Writ, call for the records and quashing the order passed by respondent-1 on 2.12.1989 in reference No. 7771/IW/1/89, dated 4.12.1989 to the Registrar, High Court, Madras and cancel the manufacturing licence No. 290 date 2.2.1987 issued by respondent-1 to respondent-2 to manufacture the drug under brand name Cal-De-Ce ...."

2. A few facts necessary are as follows : The third respondent and the petitioner entered into an agreement dated 28.3.1986 under which the petitioner was authorised to manufacture a pharmaceutical product and affix the trade mark Cal-De-Ce which is











































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