TC HEALTHCARE PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions challenge two different notifications issued under paragraphs 9 and 11 of the Drug (Prices (Control) Order, 1995 fixing ceiling prices of two drug formulations. In the second writ petition in addition to prayer for quashing the notifications fixing ceiling price, challenge has also been made to the orders directing the petitioners to deposit the overcharge amount realised in excess of the ceiling price. Some of the issues in both the writ petitions being common, both the writ petitions have been heard together and are being disposed of by this common judgment with the consent of learned counsel for the parties.

(2.) Sri Udai Lalit, Senior Advocate, assisted by Sri Ashutosh Khaitan, Sri Pranay Agarwala and Sri Rahul Chaudhary have been heard for the petitioners and Dr.A.K. Nigam, learned Additional Solicitor General of India, assisted by Sri Ajay Bhanot have been heard for the respondents.

(3.) In both the writ petitions pleadings are complete. For deciding the issues raised in these two writ petitions, it is necessary to note the facts of both the cases separately.