PIRAMAL HEALTHCARE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition essentially seeks two reliefs. The first relief sought is for issuance of a direction to quash the letter dated 09.07.2010, issued by respondent no.1. The second relief, which is a consequential relief, seeks refund of Rs.18 Crores paid by the petitioner as one time license fee alongwith interest at the rate of 18% p.a. w.e.f. 20.05.2010. There is also an ancillary prayer made, which is directed against the respondents for production of documents and records pertaining to the issuance, and the subsequent surrender of license, to set up a manufacturing facility for production of opium alkaloids (in short alkaloids) and Active Pharmaceutical Ingredients (in short APIs).

(2.) It would be relevant to note at the very outset, that, there is admittedly no clause in the advertisement issued by the respondents, inviting Expression of Interest (in short EOI) or, in the tender conditions, empowering the respondents to retain and / or forfeit the license fee paid by the applicants, which included the petitioner. This is one of the main issues which arise for consideration in the instant case.

(3.) As for now, it may be in order to broadly refer to the background facts, which led to the petitioner approaching this court by way of a petition under Article 226 of the Constitution.