INDIRA IVF HOSPITAL LTD MEDICAL STORE THR ITS AUTHORIZED SIGNATORY DHONDIRAM D BHARATIversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND OTHERS

2026:BHC-AUG:39964
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11482 OF 2026

                  Indira IVF Hospital Limited Medical Store Thr. Dondhiram Dattabuwa
                                                 Bharati
                                                VERSUS
                                    The State of Maharashtra & Ors.
                                                 …
             Mr.Vijay V. Deshmukh for the Petitioner.
             Dr.Kalpalata Patil Bharaswadkar, Addl. G.P. for the Respondent/State.
                                                 …

                                    CORAM         : MANJUSHA DESHPANDE, J.
                                    DATE          : 01.09.2026

             PER COURT :


             1.             The Petitioner is challenging the order passed by the

             Assistant Commissioner, Drugs and License Authority under the Food and

             Drugs Administration Department, Chh. Sambhaji Nagar suspending the

             lisence of the Medical Store in the Hospital run by the Petitioner, who is

             the Director of the said Hospital. The order of suspension has been

             passed invoking provisions of the Drugs and Cosmetics Act, 1940.

             2.             It is the contention of the Petitioner that pursuant to the

             inspection report, the order of suspension has been passed on 28 th

             August, 2026. However, it is stated on affidavit by the Petitioner that the

             said order has been received by the Petitioner or rather served on the

             Petitioner on 31st August, 2026, and the effect of the order of suspension

             is to take from 1st September, 2026, leaving leave sufficient time for the
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Petitioner to approach the Competent Authority as provided under

Section 66(2) of the Drugs and Cosmetics Act, 1940. Section 66(2)

provides period of 90 days to approach the Competent Authority against

the order of suspension. The prayer of the Petitioner is opposed on the

learned Addl. G.P. on the ground that there are serious lapses and

irregularities found in the inspection carried out by the Competent

Authority of the Medical Store attached to the Hospital of the Petitioner.

The other objection as regards the availability of alternate remedy is also

raised by the learned Addl. G.P..

3.            After perusing the impugned order and hearing the

respective parties, in my view, sufficient time was not granted to the

Petitioner to approach the Appellate Authority. The Petitioner has stated

on affidavit that the order of suspension dated 28 th August 2026 was

served upon him on 31st August 2026, i.e. only one day prior to the date

on which the suspension order was to come into force. Thus, only for the

purpose of granting the Petitioner sufficient time to approach the

Competent Authority, as provided under the Act, the effect and operation

of the impugned order dated 28 th August 2026 passed by Respondent No.

3 shall remain stayed for a period two weeks from the date of this order.

It is made clear that this Court has not expressed any view about the

merits of the matter. All contentions of the respective parties, so far as

merits of the matter are kept open.

4.            In view thereof, this Writ Petition is disposed off.
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5.            The parties to act upon an authenticated copy of this order.

The learned Addl. G.P. shall inform Respondent No. 3 about the order

passed by this Court in the open Court.




                                          [ MANJUSHA DESHPANDE, J. ]




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