Kerala High Court
Dimond Drugs vs The Drug Controller on 9 April, 2021
WP(C).No.5621 OF 2021(C)
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.5621 OF 2021(C)
PETITIONER/S:
DIMOND DRUGS
PHARMACEUTICAL DISTRIBUTORS, 19/24C, REGENCY TOWER,
VATAKARA, KOZHIKODE DISTRICT - 673101, REPRESENTED
BY ITS MANAGING PARTNER MR. JAIFER RT.
BY ADVS.
SRI.SHYAM PADMAN
SMT.BOBY M.SEKHAR
SRI.HARISH ABRAHAM
KUM.LAYA MARY JOSEPH
RESPONDENT/S:
1 THE DRUG CONTROLLER
OFFICE OF THE DRUG CONTROLLER, RED CROSS ROAD,
VANCHIYOOR P.O, THIRUVANANTHAPURAM - 695035.
2 L532 LUPIN LIMITED,
TRICHUR, 9/520, NH BYPASS JUNCTION, KUTTANELLOR
P.O, THRISSUR, TRICHUR, KERALA - 680014,
REPRESENTED BY ITS DEPOT MANAGER.
3 ERIS LIFESCIENCES,
25/839, DR. AR MENON ROAD, OPPOSITE TRICHUR EYE
HOSPITAL, NAIKKANAL, THRISSUR, KERALA - 680001,
REPRESENTED BY ITS DEPOT MANAGER.
4 THE ASSISTANT DRUG CONTROLLER
DRUG CONTROL DEPARTMENT, KOZHIKODE CIRCLE, CIVIL
STATION, MALAPPARAMBA, KOZHIKODE - 670020.
5 THE MANAGER
LUPIN LIMITED, B/4 LAXMI TOWERS, BANDRA KURLA
COMPLEX, BANDRA (E), MUMBAI - 400051.
6 THE MANAGER
COMMERCE HOUSE, NEAR SHELL PETROL PUMP, 10, 100
FEET ROAD, SATELLITE, PRAHLAD NAGAR, AHAMEDABAD,
WP(C).No.5621 OF 2021(C)
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GUJARAT - 380015.
OTHER PRESENT:
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29-03-2021, THE COURT ON 09-04-2021 DELIVERED THE FOLLOWING:
WP(C).No.5621 OF 2021(C)
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JUDGMENT
Dated this the 9th day of April 2021
The Writ Petition is filed seeking the following reliefs:
a. To issue a writ , order or direction in the nature of
mandamus or any other appropriate writ or order directing
the 1st respondent to take up and pass appropriate orders in
Ext.P4 representation in a time bound fashion.
b. To issue a writ, order or direction in the nature of
mandamus or any other appropriate writ or order directing
the 1st respondent to take necessary steps to allow the
petitioner to take possession of essential medicines as per
Exts.P2 and P3 purchase orders with immediate effect.
2. When the matter came up for consideration the learned
Government Pleader was directed to get instructions as to why
the 1st respondent was insisting on the agreements or dealership
of the petitioner with the manufactures and not taking any
action on the complaint of the petitioner as it was pointed out
that the manufacturer or distributorship shall not withhold sale
of drugs to a dealer without any good or sufficient reason as
provided under clause 28 of the drugs (Prices Control) Order
2013.
3. The learned Government Pleader on instructions submitted
that a show cause notice was issued to respondents 2 and 3 on
24.01.2021 and they have submitted their explanation, according
WP(C).No.5621 OF 2021(C)
to which the respondents did not have any objection in supplying
the medicine provided there is a proper invoice. The learned
Government Pleader submits that petitioner has to sort out the
issues between the party respondents. Therefore it is upto the
petitioner to raise the requisite invoice and get the supply of
medicine.
The Writ Petition is disposed of accordingly.
Sd/-
P.V.ASHA
rkc JUDGE
WP(C).No.5621 OF 2021(C)
APPENDIX
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 TRUE COPY OF LICENSE RETENTION LETTER DATED
06.09.2018 ISSUED BY THE ASSISTANT DRUG
CONTROLLER, KOZHIKODE.
EXHIBIT R2 TRUE COPY OF THE PURCHASE ORDERS ISSUED BY
THE PETITIONER TO THE 2ND RESPONDENT, DATED
08.01.2021.
EXHIBIT R3 TRUE COPY OF THE PURCHASE ORDERS ISSUED BY
THE PETITIONER TO 3RD RESPONDENT, DATED
08.01.2021.
EXHIBIT R4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER DATED 08.02.2021 TO THE
DRUG CONTROLLER.
