RANBAXY LABORATORIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) The present case concerns the interpretation of Para 22 of the Drugs (Prices Control) Order, 1995 ("DPCO 1995") which sets out the powers of the Central Government to review a Notification or Order made under the DPCO, 1995. The question that arises is whether rejection of the Petitioner's review petitions by the Central Government in the instant case by the impugned order dated 26 th February 2008 was proper.

(2.) By price fixation Notifications dated 13 th and 27 th June 2007, the National Pharmaceuticals Pricing Authority ("NPPA"), Respondent No. 2 herein, which is functioning under the Union of India, Department of Chemicals and Petrochemicals, Ministry of Chemicals and Fertilisers, Respondent No. 1 herein, fixed the ceiling price of Roscillin 500 mg and 250 mg under paras 10 and 11 of the DPCO, 1995. Aggrieved by the said Notifications the Petitioner, which is a manufacturer of the above tablets filed review petitions on 27 th June 2007 and 10 th July 2007 under para 22 of the DPCO, 1995.

(3.) It is stated that the review petitions were not disposed of for more than six months thereafter. An order dated 10 th December 2007 was passed by the Respondent No. 1 calling upon the Petitioner to comply with the price fixation Notifications dated 13 th and 27 th June 2007. Aggrieved by the said order dated 10 th December 2007, the Petitioner filed Writ Petition (Civil) No. 371/2008 in this Court. The following order was passed by this Court while disposing of the said writ petition on 16 th January 2008: