Bombay High Court

CONCEPT PHARMACEUTICALS LTD THR PLANT HEAD PARIMAL P PARAUHAversusTHE STATE OF MAHARASHTRA THR SECERETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court stayed the suspension order for ten days to allow the petitioner to file the statutory appeal.

Summary

Concept Pharmaceuticals Ltd, a license holder, had its drug manufacturing license suspended by the Joint Commissioner and Licensing Authority after a show‑cause notice citing breaches. The suspension order dated 18‑09‑2026 was to take effect on 22‑09‑2026, giving the company only a few days to file an appeal under Rule 85(3) of the Drug and Cosmetics Act, 1940. The petitioner argued that this period was insufficient to approach the appellate authority. The High Court examined whether the statutory remedy of appeal was available and whether the order afforded adequate time for its exercise. Finding that the petitioner needed more time, the Court stayed the suspension order for ten days to enable filing of the appeal. Consequently, the order was not to be given effect for the stipulated period.

Issues considered

Whether the suspension order under the Drug and Cosmetics Act, 1940 provides sufficient time to the licensee to file an appeal under Rule 85(3).

Legislation cited

Drug and Cosmetics Act, 1940 — s. Rule 85(3)

Subjects

license suspension
Drug and Cosmetics Act
show cause notice
writ petition
stay of order
appellate remedy

Judgment

                                   1                      928wp12827.26.odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                928 WRIT PETITION NO. 12827 OF 2026

   M/S CONCEPT PHARMACEUTICALS LTD THR PLANT HEAD
                PARIMAL PARAG PARAUHA
                       VERSUS
 THE STATE OF MAHARASHTRA THR SECERETARY AND OTHERS

                                    ...
        Advocate for the Petitioner : Mr. Rahul Pandhari Cheble
           AGP for Respondents/State : Mr. K.S. Hoke Patil
                                    …

                               CORAM : MANJUSHA DESHPANDE, J.

                               DATE      : 23.09.2026.

PER COURT :


1.            The petitioner is a Pharmaceutical Company and is a

licenses holder, whose licenses has been suspended vide order dated

18.09.2026.



2.            According to the petitioner, the unit of the petitioner was

inspected by the Licensing Authority and after observing various

breaches of the conditions of the license, a show cause notice dated

16.07.2026 was issued calling upon the petitioner to submit the written

explanation within a period of 7 days upon receipt of the notice. The

petitioner has given his explanation to the said show cause notice on

08.09.2026.     After which the order of suspension of licenses of the

petitioner has been passed on 18.09.2026 for a period of 30 days

commencing from 22.09.2026 to 21.10.2026. It is the contention of the

petitioner that although there is a remedy of appeal as provided under

Rule 85 (3) of the Drug and Cosmetics Act, 1940 and Rules thereunder,
                                    2                        928wp12827.26.odt

the order impugned does not give sufficient time to the petitioner to

approach authority for filing appeal as provided under the Rule. The

order impugned has been issued on 18.09.2026 and it is given effect on

22.09.2026, itself which leave sufficient time for the petitioner to

approach the statutory authorities to challenge the order and obtain

stay.



3.           In view of the aforementioned background the petitioner has

approached this Court with a limited prayer seeking protection.

However, considering that there is an alternative remedy available to the

petitioner, only relief that can be granted to the petitioner is by directing

not to give effect to the impugned order for a period of 10 days till the

petitioner approaches the appellate authority and obtain necessary

orders. In view of the aforesaid observations I pass the following order :

                                  ORDER

          (i)   The impugned order dated 18.09.2026, issued by the
          Joint Commissioner, (Chhatrapati Sambhajinagar Division)
          and Licensing Authority, Food and Drug Administration,
          M.S. Chhatgrapati Sambhajinagar, shall not be given effect
          for a period of 10 days from passing of this order by this
          Court, so as to enable the petitioner to file statutory appeal.

          (ii)   The parties to act upon the authenticated copy of this
          order.

          (iii) The learned AGP appearing for the respondents-State
          shall communicate this order to the concerned authorities.




                                         ( MANJUSHA DESHPANDE, J. )


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