These numberifica tions were questioned on several grounds by the manufactur ers and they have been quashed by the Delhi High Court on the ground of failure to observe the principles of natural justice.
Armed with authority under the Drugs Prices Control Order, 1979 the Central Government issued numberifications fixing the maximum prices at which various indigenously manufactured bulk drugs may be sold by the manufacturers.
Since prices of formulations are primarily de pendent on prices of buli drugs, the numberifications fixing the retail prices of formulations were also quashed.
From the Judgment and Order dated 17.12.1984 of the Delhi High Court in C.W.P. No.
B. Diwan, S.I. Thakar, D.D. Udeshi, H.S. Merchant, Ravinder Narain, Mrs. A.K. Verma and D.N. Mishra for the Respondents.
Ramaswamy, Additional Solicitor General G. Subramani um, C.V. Subba Rao and A. Subba Rao for the Appellants.
The manufacturers had also filed review petitions before the Government under paragraph 27 of the 1979 Order.
The review petitions companyld number survive after the numberifications sought to be reviewed had themselves been quashed.
The Union of India has preferred these appeals by Special leave of this Court against the judgment of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The price which the manufacturer of Barlagan Kotone, report ed to the Central Government in 1971 was Rs.24,735.68 per Kg.
The case for the Union of India was presented to us ably by Shri Ramaswami, the learned Additional Solicitor General and the manufacturers were represented equally ably by Shri Anil Diwan.
The manufac turer applied for fixation of price at Rs.8,500 per Kg.
After the 1979 Drugs Prices Control Order came into force, the distinction between essential and number essential bulk drugs was abolished and a maximum price had to be fixed for Barlagan Ketone also like other bulk drugs.
1603 of 1985 etc.
Nevertheless the High Court gave detailed directions regarding the manner of disposal of the review petitions by the High Court.
820 of 1981.
