Bombay High Court
On Oct 30, its licence was suspended over 16 deficiencies by the joint commissioner of Chhatrapati Sambhajinagar division for 21 days — from Nov 4 to 24 — for non-compliance with provisions of the Drugs and Cosmetics Act and Rules. It moved HC to direct the minister to forthwith decide its Nov 3 appeal by a reasoned order after a hearing.
Chief Justice M C Tripathi and Justice Advait Sethna on Nov 5 clarified that until then the order suspending the licence of Curia India Pvt Ltd “shall remain in abeyance”. Mumbai: Bombay High Court has directed the Food and Drugs Administration (FDA) minister to decide a company’s appeal against suspension of its drug manufacturing licence expeditiously. A part of US-based Curia group, the company’s factory at Waluj manufactures active pharmaceutical ingredients and intermediates.
Senior advocate Birendra Saraf, for the company, said in a similar case, the HC in Jan 2024 granted interim protection by staying the suspension order till disposal of appeal. He urged for a stay, saying not only the company but even its 150 employees would suffer irreparable loss and injury. They disposed of the petition and directed the minister to hear the appeal “preferably by Nov 25 on its own merits, in accordance with law.
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State’s advocate Priyabhushan Kakade said as the petitioner has availed statutory remedy of appeal, simultaneous proceedings before the HC may not be permitted. The judges said the matter is squarely covered by the Jan 2024 order and “there is no reason and/or occasion to deviate” from it. Further, if the company fails in its appeal, the minister would have power “to modify the period of suspension and impose further period of suspension” on it.
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