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2026 DAILYLAW 5091 (BOM)

CIPLA PHARMA AND LIFE SCIENCES v. THE STATE OF MAHARASHTRA THRU G. P.. AND ORS

WP/11376/2026 · 2026-08-29

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Judgment text

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1 907-wp-11376-2026.odt 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 TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2026.08.29 17:12:42 +0530 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 G.P. submits, on instructions, that the impugned order would stand withdrawn forthwith.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