Petitioner challenged notification introducing Rule 106-B of Drugs and Cosmetic Rules, 1945. Court dismissed writ as withdrawn in light of Supreme Court transfer order.
Prayer allowed; writ petition and stay application dismissed as withdrawn.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Civil Writ Petition No.24489/2018
With
D.B. Civil Misc. Stay Application No.20344/2018
M/s B. Jain Pharmaceuticals (P) Ltd., 1921, Street No. 10, Chuna Mandi, Paharganj, New Delhi-110055 through its Directors, Factory Address - E-41, Riico Ind. Area, Khushkhera, Bhiwadi, Alwar-301707, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Kamlendra Sihag and Mr. Nikhil Kapoor
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR
Order
28/11/2018
This writ petition seeks to challenge the notification dated 22.02.1994 issued by the Government of India in its Ministry of
(2 of 2)
[CW-24489/2018]
Health and Family Welfare (Department of Health) introducing Rule 106-B of Drugs and Cosmetic Rules, 1945.
In a writ petition being D.B. Civil Writ Petition No.10597/2015 titled as Bhargava Phytolab Pvt. Ltd. Vs. Union of India and Others, this court vide order dated 07.01.2016 passed an interim order of stay in favour of the petitioner therein. Similar writ petitions were filed in different High Courts of the country, namely, Punjab and Haryana, Calcutta, Uttarakhand and New Delhi, challenging the validity of Rule 106-B of the Rules of 1945. The Supreme Court, by order dated 10.11.2017, allowed the transfer petitions filed by the Union of India under Article 139A of the Constitution being Transfer Petition (Civil) Nos.1777-1789 of 2017, and directed transfer of various similar writ petitions including above referred to writ petition pending before this court, to be laid before the Supreme Court. It is informed that the effect and operation of the order passed by this court has been stayed by the Supreme Court. In view of the above, this court is now not inclined to entertain this petition.
Faced with this situation, the learned counsel for the petitioner seeks to withdraw the writ petition with liberty to avail his remedy before the Supreme Court itself.
Prayer is allowed. The writ petition is therefore dismissed as withdrawn. This also disposes of the stay application.
(GOVERDHAN BARDHAR),J
(MOHAMMAD RAFIQ),J
//Jaiman//5
Colour shows how this judgement treated each authority
Bhargava Phytolab Pvt. Ltd. Vs. Union of India and OthersReferred¶19
D.B. Civil Writ Petition No.10597/2015
M/s B. Jain Pharmaceuticals (P) Ltd.
Union of India
Drugs Technical Advisory Board
Drugs Controller Of India
The Secretary, Department Of Health, Government Of Rajasthan
Commissioner Of Excise
MOHAMMAD RAFIQ
GOVERDHAN BARDHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
