VidhiSangh

Supreme Court of India · 15/11/2019

M/S T.C. HEALTHCARE P. LTD. & ANR. versus UNION OF INDIA & ANR.

[2019] 14 S.C.R. 618 · 2019 INSC 1254

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Drug manufacturers challenged ceiling prices on the ground that their sustained-release or continuous-release delivery technologies lacked applicable pricing norms. The Supreme Court upheld the notifications. The norms contemplated sustained-release formulations and the notification required companies claiming special delivery features to approach the pricing authority for specific approval. Having failed to seek or demonstrate such treatment, the manufacturers remained bound by the ceiling prices.

Issues

  1. Whether the manufacturers’ claimed delivery technologies excluded their formulations from the notified pricing norms.
  2. Whether failure to seek specific price approval affected their challenge.

Provisions considered

Held

Result

Appeals dismissed without costs. The High Court’s rejection of the challenges to the ceiling-price notifications was upheld.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 618.