Civil Writ Petition No. 17547 of 2009 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 17547 of 2009 Date of Decision: 7.12.2009 M/s Evershine Healthcare (P) Limited and Another …Petitioners Versus Drug Controller-cum-Licensing Authority, Punjab, and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sushant Mahapatra, and Mr. Mithilesh Kumar, Advocates for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner, in this writ petition, claim that on basis of assignment of trade mark vide Annexure P5, he was well within his rights to manufacture and market tablet with a brand called Librosar. It is averred that respondents No.4 and 5, after having assigned the brand, started manufacturing again the drug through various manufacturers. The grievance of the petitioner is that respondents No.4 and 5 could not use the trade mark Librosar through respondent No.3 and grant of drug licence to respondent No.3 was not justified. It is submitted that earlier, the drug authority had granted the drug licence to respondent No.3. Thereafter, licensing authority cancelled the permission to manufacture of librosar drug to respondent No.3. Aggrieved against this, respondent No.3 had filed an appeal and Civil Writ Petition No. 17547 of 2009 2 the Appellate Authority had observed as under:- “I have considered the arguments advanced by the counsel for the appellant as well as by Sh. Pardeep Kumar, Assistant Drugs Controller and have also gone through the records of the case and order under appeal. A perusal of order under appeal reveals that the then Licensing Authority has rightly cancelled permission to manufacture Tablet Librosar to M/s Jeoffray Laboratories after application of his mind and judiciously. M/s Sarvodaya Drugs who got registered the brand name Librosar under the Trade Mark Registration through M/s Jeoffray Laboratories had not brought on record at the time of grant of permission to manufacture Librosar for them by their principal manufacturer, thereby at this stage this plea in the case regarding brand registration cannot be entertained. It is observed that there is no force in the appeal filed by the appellant therefore the appeal of appellant is not accepted, hence set aside. However, the appellant is at liberty to may apply in fresh for grant of permission to manufacture for M/s Sarvodaya Drugs, under contract manufacturing the drug with the brand name Librosar under the Trade Mark Registration of M/s Sarvodaya Drugs in accordance to the provision of Drugs & Cosmetics Act, 1940, and Rules made there under”. Civil Writ Petition No. 17547 of 2009 3 Counsel for the petitioner has admitted that after the cancellation of the licence granted to respondent No.3, drug authority is again examining whether the licence ought to be granted to respondent No.3 or not. At moment, no licence has been granted in favour of respondent No.3. Petitioner has apprehension that drug authority may grant licence to respondent No.3 and may jeopardize the interest of the petitioners. Apprehension of the petitioner is pre-mature. According to counsel for the petitioners, the drug authority has fixed 11.12.2009 as next date of hearing. Petitioner, if so desire, may appear before the drug authority and present his case. Therefore, no interference is warranted and present petition is dismissed as pre-mature. Needless to say, once the drug authority has fixed 11.12.2009 for hearing the parties, then the arguments raised by the petitioner shall be considered by the drug authority, before any final opinion is formulated. (Kanwaljit Singh Ahluwalia) Judge December 7, 2009 “DK”