SOFTESULE PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) AFTER hearing learned counsel for the parties, it emerges that petitioner's grievance is that the pharmaceutical product manufactured by it which goes by the name "Ferisis capsule" has been erroneously brought within the ambit of the notification dated 27.09.2007.

(2.) IT is the petitioner's submission that this aspect though, raised, before Respondent No. 2, in response to the Show Cause Notice issued, is not dealt with by the said respondent.

(3.) 3.1 Mr. Narula says that whether or not the pharmaceutical product manufactured by the petitioner falls within the four corners of notification dated 27.9.2007, is an aspect, which only the Reviewing Authority can decide, being a mixed question of fact and law.