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july 2024

Supreme Court of India · 2024-07-15

M/S Sun Pharmaceutical Industries Ltd vs Union Of India Department Of Chemicals ...

Citation / case number
2024 INSC 521
Court
Supreme Court of India
Petitioner
M/S Sun Pharmaceutical Industries Ltd
Respondent
Union Of India Department Of Chemicals ...
Author
Sanjay Kumar
Bench
Sanjay Kumar

Judgment text excerpt

The Supreme Court examined the legality of the demand raised by the National Pharmaceutical Pricing Authority (NPPA) against the appellant under Paragraph 13 of the Drugs (Price Control) Order, 1995, for overcharging on a drug formulation. The Court held that the definitions of 'dealer', 'distributor', and 'wholesaler' in the DPCO are overlapping, and the appellant's claim of not being a manufacturer or distributor was insufficient to exempt it from liability. The Court upheld the NPPA's authority to recover the overcharged amount along with interest, affirming the demand notices issued to the appellant.

M/S Sun Pharmaceutical Industries Ltd vs Union Of India Department Of Chemicals ... · Niyam