Bombay High Court

CIPLA PHARMA AND LIFE SCIENCESversusTHE STATE OF MAHARASHTRA THRU G. P.. AND ORS

Decided: 29 August 2026
Disposal: Disposed Off

Holding

The petition is disposed of after the Department is directed to withdraw the impugned order, issue a fresh show‑cause notice, and comply with procedural directions.

Summary

The Bombay High Court heard a writ petition filed by Cipla Pharma and Life Sciences Ltd challenging an order of the State of Maharashtra. During the hearing, the respondent's Additional Government Pleader sought a pass and subsequently informed the Court that the impugned order would be withdrawn and a fresh show‑cause notice would be issued. The Court directed the Department to serve the notice and any annexures by email by 4 September 2026 and allowed the petitioner to reply by 11 September 2026. The Court also directed that any personal hearing, if required, be scheduled with at least five days’ notice and not on a holiday, and that a reasoned order be served within 24 hours. In view of these directions, the writ petition was disposed of.

Issues considered

What is the appropriate procedural remedy when an administrative order is withdrawn after a petition is filed?
Whether the Department must issue a fresh show‑cause notice and allow the petitioner an opportunity to reply.

Subjects

writ petition
administrative order
show cause notice
withdrawal of order
hearing directions
procedural law

Judgment

TRUPTI
SADANAND
BAMNE
                                                           1                907-wp-11376-2026.odt
Digitally signed by
TRUPTI
SADANAND
BAMNE
Date: 2026.08.29
17:12:42 +0530

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 11376 OF 2026

                      Cipla Pharma and Life Sciences Limited           … Petitioner
                             versus
                      State of Maharashtra & Ors.                      … Respondents
                                                       ……
                      Mr.Abad Ponda, Senior Advocate i/b. Mr.Ranjeet V. Sangle, Mr.Anand
                      R. Bangar, Ms.Shreya Sivaramakrishnan and Ms.Sanjeevani Patil for the
                      Petitioner.

                      Mr.P.P.Kakade, Addl.GP with Mrs.Pooja Patil, AGP for Respondent Nos.
                      1 to 4, the State.

                      Mr.Sanjay Rathod, Assistant Commissioner, FDA, Pune is present.

                      Mr.Ganesh Rokade, Joint Commissioner (HQ), FDA, Mumbai is
                      present.
                                                 …...

                                           CORAM : RAVINDRA V. GHUGE, ACJ
                                                       &
                                                   GAUTAM A. ANKHAD, J.

                                            DATE    : 29 AUGUST, 2026

                      P.C.:

                      1.           We have heard the learned Senior Advocate for the

                      Petitioner   and     the   learned   Addl.G.P.   on     behalf    of      the

                      Respondent-State/Department. With their assistance, we have gone

                      through the Petition paper book.


                                                                                       Trupti S. Bamne
                                     2                  907-wp-11376-2026.odt



2.          After the hearing in the matter had progressed to some

length, the learned Addl.G.P., on instructions from the concerned Officer

who is present in the Court Hall, sought a pass over.



3.          When the matter was called out, the learned Addl. G.P.

submits, on instructions, that the impugned order would stand withdrawn

forthwith. Whenever the Petitioner desires, a hearing would be arranged

by issuing a specific show cause notice, taking into account the contents

of the earlier notice dated 13.08.2026, the interim reply of the Petitioner

Management dated 20.08.2026 and the final reply of the Petitioner

Management dated 25.08.2026.



4.          The learned Addl.G.P. submits that the Department would

prepare a notice and serve it upon the Petitioner via email, along with the

annexures/documents, if any, on or before 04.09.2026. The learned

Senior Advocate for the Petitioner submits, on instructions, that a

detailed reply would be tendered by email to the competent authority, on

or before 11.09.2026.




                                                                   Trupti S. Bamne
                                    3                907-wp-11376-2026.odt



5.           We record that, if the Department deems it appropriate to

arrange a personal hearing in this matter, without laying down any

precedent, it may accordingly set the matter for a personal hearing on a

date, giving at least 5 days’ notice to the Petitioner, and the Petitioner

would not put forth any excuse on account of any representative falling

ill or for any other reason and would abide by the date and time of the

hearing. Since the action of the Department impugned by the Petitioner

in this Petition, occurred on a non-working day/State holiday, we would

advise the Department, unless there is any dire urgency or an emergent

situation, not to hold such hearing on holidays. Let the Department pass

a reasoned order and serve the same on the Petitioner within 24 hours,

on it’s email address.



6.           In view of the above recorded statement and directions, the

Writ Petition is disposed off.




(GAUTAM A. ANKHAD, J.)                  (ACTING CHIEF JUSTICE)




                                                                Trupti S. Bamne

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