MANKIND PHARMA LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr.Dhyan Chinnappa, Sr.Counsel for Mr.H.N.Narendra Dev, Adv., for Petitioner. Mr. Aditya Singh, Adv. for Mr.Krishna S.Dixit, ASG, for Respondents. Heard learned counsels appearing on both sides.

(2.) It is unfortunate that the directions given by the learned Single Judge of this Court in the Judgment dated 14.08.2013 in W.P.No.28354/2013 and connected matters (Lundbeck India Private Limited -vs- Union of India and Others) were not followed by the respondents in letter and spirit and even without giving an opportunity to them, the Respondents re-examined the matter of the petitioners-Company regarding the ban of the two drugs in question known as 'Melitracen' and 'Flupenthixol', and the respondents-Expert Committee, immediately after the aforesaid Court order dated 14.08.2013, passed their Resolution on 26.08.2013 vide Annexure-N and Annexure-O dated 25.11.2013 reiterating their previous decision banning the said two drugs.

(3.) The operative portion of the order passed by the learned Single Judge with some back ground of the case as contained in paragraphs-25 to 28 are reproduced below for ready reference: