IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.517 OF 2008 IN WRIT PETITION NO.292 OF 2007 NR Jet Enterprises Ltd., )..Petitioners Versus National Pharmaceutical Pricing ) Authority & Ors. )..Respondents ---- Mr.N.H.Seervi, Sr.Counsel with Mr.M.S.Doctor i/by C.Bayley for the petitioners. Mrs.Bharati Mehant for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 8.12.2008. PC 1. In a similar matter, the Supreme Court in Secretary, Ministry of Chemicals & Fertilizers Government of India V/s. Cipla Ltd., & Ors. reported in (2003) 7 SCC 1, while remanding the matter to this Court, passed the following order :- O R D E R . Accordingly we direct stay of recovery of 50% of the ‘overcharged’ amount subject to the payment of remaining 50% within the period of four weeks from the date of communication of the amount payable by : 2 : each of the writ petitioners. 2. We are also informed that this Court in similar matters has been passing identical orders. 3. Learned Counsel for the petitioners points out that in Benara Valves Ltd., & Ors. V/s. Commissioner of Central Excise & Anr. reported in (2006) 13 Supreme Court Cases 347, the Supreme Court has now held that this Court can consider the test of undue hardship to assessee whilst passing an order of interim relief. 4. In our opinion, considering that in similar issues consistently orders have been passed by this court and the Supreme Court, we are inclined to pass the same order as in Cipla Ltd., The petitioners are directed to deposit 50% of the amount charged within a period of eight weeks from the date of communication by the respondents of the amount payable by each of the petitioners. On such deposit interim relief in terms of prayer clause-(d). Motion disposed off accordingly. (R.S.Mohite,J) (F.I.Rebello,J) : 3 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.343 OF 2008 IN WRIT PETITION NO.292 OF 2007 NR Jet Enterprises Ltd., )..Petitioners Versus National Pharmaceutical Pricing ) Authority & Ors. )..Respondents And Collector & District Magistrate ) Mumbai City )..Proposed Respondents ---- Mr.N.H.Seervi, Sr.Counsel with Mr.M.S.Doctor i/by C.Bayley for the petitioners. Mrs.Bharati Mehant for the respondents. ---- Coram : F.I.Rebello & R.S.Mohite,JJ Date : 8.12.2008. PC 1. Time to carry out amendment is extended for a further period of one week. (R.S.Mohite,J) (F.I.Rebello,J)