IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.962 OF 2018 (GM-RES) BETWEEN:
NATURAL REMEDIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT:PLOT NO.5B, VEERASANDRA INDUSTRIAL ARE 19TH K.M., STONE, HOSUR ROAD ELECTRONIC CITY POST, BENGALURU KARNATAKA-560100 REP. BY ITS AUTHORIZED SIGNATORY SRI PRADEEP B JOSHI.
(By Smt. NALINA MAYAGOWDA, ADV.) AND:
1. LICENSING AUTHORITY (AYURVEDA YOGA & NATUROPATHY UNANI, SIDDHA AND HOMOEOPATHY) DHANAWANTRI ROAD BENGALURU-560009 REP. BY ITS DIRECTOR.
2. DIRECTORATE, AYUSH (AYURVEDA YOGA & NATUROPATHY, UNANI, SIDDHA AND HOMOEOPATHY) 2ND FLOOR, BLOCK NO.1 DR JIVRAJ MEHTA BHAVAN, SECTOR 10 GANDHINAGAR, (GUJARAT) REPRESENTED BY ITS DIRECTOR.
3. VIMSONS AEROSOL VIMSONS COMPOUND NATIONAL HIGHWAY 8, GAMDI … PETITIONER ANAND, GUJARAT-377320 REP. BY ITS PARTNER/PROPRIETOR.
… RESPONDENTS (By Mr. K.M.A. PERES, ADV., FOR R3 (ABSENT) Smt. M.C. NAGASHREE, ADV., FOR R1 (ABSENT) V/O DTD 31-7-2018 SERVICE OF NOTICE TO R2 HELD SUFFICIENT) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATIONS DATED 09.06.2017 AND 30.11.2017 AND TAKE SUITABLE ACTION AS PRESCRIBED UNDER LAW AGAINST THE RESPONDENT NO.3. (AT ANNEXURE-A AND A-1) & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Nalina Mayagowda, learned counsel for the petitioner.
None for the respondents.
2. In this petition, the petitioner has prayed for the following reliefs:
i) Issue a writ, order or direction, in the nature of mandamus and direct the Respondent Nos.1 and 2 to consider the representations dated 9-6-2017 and 30-11-2017 and take suitable action as prescribed under law against the Respondent No.3 (at Annexure-A and A-1).
ii) Grant such other reliefs as this Hon’ble Court deems fit, in the circumstances of the case and in the interest of justice.
3. When the matter was taken up today, learned counsel for the petitioner submitted that the petitioner has engaged in the business of manufacturing of marketing of Ayurvedic Vetenary Medicines under the licence issued from time to time by the Drug Licensing Authorities and the petitioner manufactures and markets a product viz., TOPICURE as one of its most reputed product. However, respondent No.3 is manufacturing several spurious and misbranded drugs which are only the imitations of the petitioner’s product and are ineffective. Being aggrieved, the petitioner has submitted a representation to respondent Nos.1 & 2. However, the aforesaid respondents have failed to take any action on the representation and the writ petition be disposed of with a direction to respondent Nos.1 and 2 to take appropriate direction against respondent No.3 expeditiously in a time bound manner.
4. In view of the submissions made and in the facts of the case, the petition is disposed of with a direction to respondent Nos.1 & 2 to decide the representation submitted by the petitioner by a speaking order within a period of two months from the date of receipt of the certified copy of the order passed today after affording an opportunity of hearing to the petitioner as well as respondent No.3.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS