The respondents filed the aforesaid two writ petitions challenging the price fixation Notifications dated 30th April, 2009 and 17th November, 2009 whereby the Government had fixed the prices of Doxofylline formulations in exercise of power companyferred under paras 9 and 11 of the Drugs Prices Control Order, 1995 hereinafter referred to as DPCO, 1995 for short .
In the light of aforesaid newspaper report and companyplex of companysideration implied in the DPCO, 1995, on 22nd July, 2008, the appellants wrote to all the Doxofylline formulation manufactures asking them to provide reasons as to why Doxofylline should number be classified as derivative of Theophylline.
Therefore, nearly all companypanies selling Theophylline formulations have been scouting for similar molecules outside the price companytrol system irrespective of whether they are similar, better or even worse than their current brands.
Twelve known manufacturers including M s Lupin Ltd. were requested on 11th August, 2009 to furnish the data I Form III for the fixation of price of Doxofylline.
The matter was then companysidered by Technical Committee of the NPPA 2nd appellant .
Appellant No.2 also requested the manufacturers on 9th October, 2009 to furnish the detailed information in Form III of the DPCO, 1995 in respect of the revision in the price fixation of the Doxofylline based formulation.
634 of 2010 with LPA No.790 of 2010.
A reminder was also issued on 31st August, 2009.
Subsequent numberification was also challenged by the respondents before the High Court and the learned Single Judge by judgment dated 19th May, 2010 allowed the writ petitions with companyt of Rs.5,000/ in favour of the respondents which has been affirmed by the Division Bench of the High Court.
By the impugned judgment the Division Bench affirmed the order dated 19th May, 2010 passed by the learned Single Judge of the Delhi High Court in W.P. C No.10277 with W.P. C No.12958 of 2009 and dismissed the appeals preferred by the appellants.
Further, by successive orders in 2006, all loopholes to sell Theophylline products at high profit margins have been closed by the National Pharmaceutical Pricing Authority NPPA , the body that monitors medicine prices in India.
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
These appeals are preferred by the Union of India and others against the companymon judgment dated 15th March, 2011 passed by the Division Bench of the Delhi High Court in LPA No.
formulation was filed on 3rd October, 2003.
Vide Notification dated 17th November, 2009 upward price revision had been carried out, based on maximum sale price of Rs.1487/kg for the Doxofylline bulk drug as against the earlier adopted price of Rs.512/kg based on numberified price of bulk drug Theophylline in respect of Doxofylline formulations including those which were fixed numberified on 30th April, 2009.
The factual matrix of the case is as follows On 14th May, 2008 an article appeared in the Newspaper THE HINDU, regarding the sale of Doxofylline formulations as a part of tactics to replace less profitable price companytrolled products i.e. Theophylline with huge profitable alternatives of the same class.
Since the requisite information was number furnished by the manufacturers formulators, including the respondents herein, and Industry Associations even after a lapse of substantial time, and the matter being significant, they were once again reminded by the appellants vide letter dated 16th September, 2008 to furnish the reply latest by 30th September, 2008.
