PANIKULAM PHARMA Vs. THE DRUGS CONTROLLER AND ORS.

JUDGEMENT

(1.) The petitioners, in all these writ petitions are engaged in the business of purchase and sale of drugs and, can be termed as "dealers" as defined under the Drugs (Price Control) Order, 2013 (hereinafter referred to as the "Drugs Control Order"). They have approached this Court seeking relief against the manufacturer/distributor for withholding sale or refusing to sell drugs to them without any reason.

(2.) The stand of the manufacturer/distributor who has been arrayed as a party respondent is that they have appointed C&F Agents/stockists/retailers and the petitioners are free to obtain the supply from the aforesaid entities. It is their case that a commercial arrangement made by them cannot be disrupted by making unlawful demands in terms of the Drugs Control Order. The petitioners plea is now premised on the Drugs Control Order. The Drugs Control Order defines "dealers" as follows:

(3.) The foremost point that arises for consideration in these writ petitions are regarding maintainability. Though, several judgments are referred by parties, in none of the judgments, the question regarding maintainability has been thrust upon. Therefore, this Court is of the view that it is appropriate to decide the question relating to maintainability of the writ petitions.