A sum of Rs.1.90 crores was payable in the following terms Government had exempted Betamethasone disodium Phosphate based formulations of your companypany for only the period 28.2.92 to 31.12.94 vide numberification SO No.
A case of violation of the provisions of the para 9 3 of the DPCO 87 has accordingly been established and it has been decided to invoke the provisions of para 13 of the DPCO95, for recovery of overcharged amount as assessed below Period of Tentative Overc Tentative overchargin sales number hargi amount of g of packs ng overcharging per 1.1.95 19,20,624 Rs.
Your companytention that an application for fresh companyt study had been made in October 1994 itself, merely did number give the right to the companypany to charge own prices, a Government fixed price was prevailing as on that date.
Since the appellants were aggrieved by the said demand, they filed a Writ Petition No.1266 of 1999 before the High Court at Bombay, which culminated in the impugned judgment dated 16th February, 2004, dismissing the aforesaid writ petition.
to 1.16 1,61,52,447 17.7.95 Total Rs.
to 1.52 29,19,348 24.1.95 25.1.95 1,39,24,524 Rs.
The said show cause numberice referred to an earlier letter written by the appellant, finding that there was a differential in the price charged for the goods manufactured during the exemption period stated thereunder.
Accordingly, you were required to follow the prices fixed by the Government for the formulation pack immediately on expiry of the exemption period i.e. from 1.1.95.
TABLE Sl Name of the Name of Period upto No bulk drug Company which the exemption is granted Povidone Wockhar 31.12.1995 Iodine dt Ltd. Betamethasone Glaxo 31.12.1994 Disodium India Phosphate Ltd. A lot of companyrespondence took place between the appellant before us and the Union of India which ultimately culminated in a show cause numberice dated 10th June, 1997.
F. NARIMAN, J. The present appeal arises on the true companystruction of paragraph 28 of the Drugs Prices Control Order, 1987, read with exemption numberification dated 28th February, 1992.
166 dated 28.2.92.
1,90,71,795 This was replied to by the appellant, after which an order was passed on 9th April, 1999, by which the said show cause numberice was companyfirmed, and a sum of Rs.2.04 crores including interest was demanded.
