IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18433 of 2004(T)
1. M/S. REO PHARMACEUTICALS,
... Petitioner
Vs
1. THE DRUGS CONTROLLER AND LICENSING
... Respondent
2. THE DRUGS INSPECTOR, MALAPPURAM.
3. M/S. OPTHO REMEDIES PVT.LTD.,
4. STATE OF KERALA, REPRESENTED BY ITS
For Petitioner :SRI.SATISH MURTI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :22/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J.
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W.P.(C) No.18433 of 2004
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Dated this the 22nd day of July, 2009.
JUDGMENT
The petitioner is challenging Ext.P9 order whereunder it is prohibited
from sale of a drug sold by another company in the same name. The last
stay granted by this court expired in First week of March, 2005. It is not
known whether petitioner is continuing sales and if so, I see no reason why
the other company is not opposing the petitioner selling the same drug in the
same brand name. In any case since sale of a drug under same name by two
companies is the dispute to be settled between the companies, I feel there is
no need for the Drug Controller to intervene with the matter so long as drug
is of the permitted quality. The W.P. is closed leaving the parties to settle
the matter between themselves.
C.N.RAMACHANDRAN NAIR
Judge
pms