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Thursday, August 19, 1999

HC extends stay in bulk drugs case 

Anju Ghangurde  
Mumbai, Aug 18: A division bench of the Delhi high court has extended, pending final hearing, the stay against initiating any punitive action against pharmaceutical companies with respect to a list of eight drugs.

This follows a petition filed by the Bulk Drug Manufacturers' Association (BDMA), which represents over 300 domestic drug firms, alleging that the eight drugs --- cefadroxil, cloxacilin, theophylline, trimethoprim, norfloxacin, salbutamol, ciprofloxacin and sulphamethazole -- had been "wrongfully" included under the Drug Prices Control Order (DPCO). The next date of hearing has been fixed at September 28.

The latest court directive comes after the government had earlier failed to comply with an interim ruling issued on January 7, 1999, urging the respondents to furnish all requisite information to support the inclusion of these eight drugs under the DPCO.

The January 7 interim ruling issued by justice Devinder Gupta and justice JB Goel of the Delhi HC specified that "no punitive action betaken against the members of the petitioner association based upon the inclusion of eight drugs within the ambit of price control". The court had further observed that, "In case there is no legal objection, let the respondents supply the requisite information sought for in this application."

A division bench of the Delhi High Court, comprising justice Arun Kumar and justice Manmohan Sarin, on May 26, 1999, however, decided to extended the earlier stay.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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