Sanofi India Ltd. and Anr. v. Union of India and Ors.

Delhi High Court · 30 May 2018 · 2018:DHC:3615
Rajiv Shakdher
W.P.(C) No.6096/2018
2018:DHC:3615
administrative petition_allowed

AI Summary

The Delhi High Court granted interim relief by staying coercive action on demand notices pending disposal of review petitions filed by Sanofi India Ltd. challenging impugned notifications.

Full Text
Translation output
W.P.(C) No.6096/2018 Pg.1 of 2 HIGH COURT OF DELHI
Date of Decision: 30.05.2018 W.P.(C) No.6096/2018
SANOFI INDIA LTD. AND ANR. ..... Petitioner
Through: Mr. Manoj with Ms. Aparna Sinha, Advs.
VERSUS
UNION OF INDIA AND ORS. ..... Respondent
Through: Ms. Maninder Acharya, ASG with Mr. Kirtiman Singh, CGSC, Mr. Prateek, Mr. Harshul Choudhary, Mr. Sahil Sood and Mr. Viplav Acharya, Advs. for
UOI.
CORAM:-
HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J. (ORAL)
CM Appl. No.23598/2018
JUDGMENT

1. Allowed, subject to just exceptions. W.P.(C) No.6096/2018 & CM Appl. No.23597/2018

2. Issue notice.

3. Mr. Kirtiman Singh accepts notice on behalf of the official respondents.

4. With the consent of the counsel for the parties, writ petition is taken up for hearing and final disposal.

5. I am informed that the petitioner has filed two review petitions against the impugned notifications dated 23.11.2017 and 28.12.2017. 2018:DHC:3615 W.P.(C) No.6096/2018 Pg.[2] of 2

6. It is not disputed before me by Ms. Acharya, learned ASG, that the review petitions are being heard by the respondents.

7. To be noted, the two demand notices issued pursuant to the said aforesaid notifications are under challenge in the present writ petition.

8. Having regard to the aforesaid facts and circumstances, counsel for the parties are agreed that the writ petition can be disposed of based on the following terms:

(i) The official respondents will not take any coercive measures pending the disposal of the review petitions qua which hearing has already been granted.

(ii) In case the determination in the review petitions is against the interest of the petitioner, it will be enforced one week thereafter.

(iii) A copy of the decision taken in the review petitions will be served on the petitioners.

9. Accordingly, pending application shall stand closed.

RAJIV SHAKDHER, J May 30, 2018