BIOLOGICAL E LTD Vs. NATIONAL PHARAMACEUTICAL PRICING AUTHORITY

JUDGEMENT

(1.) The appellant herein filed W.P.(C) No.9308 of 2014 aggrieved by the demand raised by the respondent No.1 for a sum of Rs.33,28,03,171/- alleging that the appellants had sold 'Tetanus Toxoid' vaccine (hereinafter referred to as 'the vaccine') for a price more than the ceiling price prescribed vide Notification dated 14.06.2013 as amended by Corrigendum dated 07.02.2014.

(2.) By the order under appeal, the learned Single Judge while directing to list the petition on 05.03.2014 to enable the parties to complete the pleadings, stayed the impugned demand notice dated 28.11.2014 subject to the appellants depositing, without prejudice to their rights and contentions, 25% of the demanded amount.

(3.) The said order is assailed in this appeal contending inter alia that as the determination of the ceiling price for 1ml pack of the vaccine in question is beyond the jurisdiction of respondent No.1, the impugned demand notice being contrary to law and therefore, the condition imposed by the learned Single Judge to deposit 25% of the demand, which would be more than Rs.8 Cores, is unjustified and unwarranted.