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Judgment
Rajiv Shakdher, J
After some arguments, both Mr. Raju Ramachandran, learned senior counsel, who appears for the petitioners and Mr. Kirtiman Singh, CGSC, who
appears for respondents no.1 and 2, on instructions, submit that these writ petitions can be disposed of based on the following directions:
(i) The petitioners will file their application in Form No.44 as prescribed under the Drugs and Cosmetics Act, 1940 and the extant rules and
regulations. The application so filed will be processed in accordance with law by respondent no.2 as expeditiously as possible.
(ii) Respondent no.2 will be entitled to verify as to whether there are patients on the rolls of the petitioners whose treatment commenced prior to
23.7.2014. The petitioners will give in this behalf full access to the records maintained by them and, if necessary, also allow the experts deputed by
respondent no. 2 to interview the patients as well.
(iii) In case it is found that petitioners have patients on their rolls, who have been receiving dendritic cell therapy, albeit, prior to 23.7.2014, their
treatment shall not be disrupted by respondent no.2.
(iii)(a) In case the decision taken by respondent no.2 on the petitioners’ application filed in Form 44 is against their interest, the treatment of
patients will not be disrupted for a period of four weeks. This period will commence from the date, when, the decision taken by respondent No. 2 is
communicated to the petitioners.
(iv) In case, petitioners are aggrieved by the decision taken on its application filed under Form 44, they will have liberty to approach this Court to
revive the instant petition within the period indicated in paragraph 1(iii)(a) above.
To be noted, I am informed by Mr. Ramachandran that an additional affidavit dated 13.2.2014 has been filed in the Registry vide Diary no.44507.
2.1 The Registry will place the same on record. This affidavit will form part of the record.
2.2 A copy of the same has been served on the counsel for respondents.
Accordingly, the writ petitions and pending applications are disposed of in the aforementioned terms.