Madras HC differs with Delhi HC on FDC drugs ban
Chennai : Differing with the Delhi High Court interim order lifting the ban on fixed dose combination (FDC) medicines of some pharma companies, the Madras High Court on Tuesday refused to interfere with the Centre's order prohibiting their sale and manufacture in India.
A bench of Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh declined to stay the Centre's March 10 notification banning over 300 FDC drugs by refusing to concur with the Delhi High Court's interim order granting relief to some major pharmaceutical companies against the government decision.
"On consideration of the matter, we respectfully disagree with the view of the single judge of the Delhi high court and are not inclined to pass an all-encompassing order," the bench said.
The court also issued notice to both the Centre and the state government to explain their stand on a petition filed by Federation of South Indian Pharmaceutical Manufacturers Association seeking to quash the notification. A single judge of the Delhi High Court had first passed the interim order in favour of pharmaceutical companies on March 14 and identical relief was given subsequently to those who approached it and the relief is granted till March 28.
With two high courts differing on the issue, there is a likelihood of the matter reaching the Supreme Court.
The division bench of the Madras High Court did not agree with the contention of senior counsel Vijay Narayanan, who appeared for the petitioners, that identical relief as granted by the Delhi High Court be considered in the matter. The Pharma Association contended that the Centre had unilaterally and arbitrarily prohibited the sale and manufacture of the FDCs produced for decades, without complying with process of natural justice.
A bench of Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh declined to stay the Centre's March 10 notification banning over 300 FDC drugs by refusing to concur with the Delhi High Court's interim order granting relief to some major pharmaceutical companies against the government decision.
"On consideration of the matter, we respectfully disagree with the view of the single judge of the Delhi high court and are not inclined to pass an all-encompassing order," the bench said.
The court also issued notice to both the Centre and the state government to explain their stand on a petition filed by Federation of South Indian Pharmaceutical Manufacturers Association seeking to quash the notification. A single judge of the Delhi High Court had first passed the interim order in favour of pharmaceutical companies on March 14 and identical relief was given subsequently to those who approached it and the relief is granted till March 28.
With two high courts differing on the issue, there is a likelihood of the matter reaching the Supreme Court.
The division bench of the Madras High Court did not agree with the contention of senior counsel Vijay Narayanan, who appeared for the petitioners, that identical relief as granted by the Delhi High Court be considered in the matter. The Pharma Association contended that the Centre had unilaterally and arbitrarily prohibited the sale and manufacture of the FDCs produced for decades, without complying with process of natural justice.
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