Court No. - 29
Case :- WRIT - C No. - 38268 of 2019 Petitioner :- M/S Surya Pharmaceuticals And Another Respondent :- Director And Drug Controller, Ayurved And Unani Services And 3 Others Counsel for Petitioner :- Shashi Shekhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioners and Sri Pranav Ojha, learned Additional Chief Standing Counsel for respondent nos.1, 2 and 3.
The petitioners are having a trademark dispute with the respondent no.4 with regard to the Ayurvedic Manjan they are manufacturing. In respect of the said dispute Original Suit No.33 of 2009 filed by the petitioners is pending before the Additional District Judge, Varanasi wherein the interim injunction application has been rejected.
Simultaneously, the license of the petitioners to manufacture Ayurvedic Manjan has been cancelled on the ground that it was obtained by concealment of material facts.
The petitioners challenged the said order by means of a writ petition, which was disposed of with a direction to the respondent no.1 to decide the representation of the petitioners. Consequently, the representation of the petitioners has been rejected by the respondent no.2.
The order of cancellation of the license and the consequent rejection of the representation can be assailed by the petitioners by filing an appeal under Rule 159 (2) of the Drugs and Cosmetics Rules, 1945.
In view of the aforesaid facts and circumstances, we dispose of the writ petition with liberty to the petitioners to avail the statutory remedy of appeal, if they are so aggrieved.
Order Date :- 28.11.2019 Radhika