R.M.LODHA, J. - (1.) LEAVE granted in SLP(C) Nos.27241 -27242 of 2010.
(2.) THIS is a group of six appeals, by special leave, four arising from the judgment of the Karnataka High Court and two from the Delhi High Court. The two High Courts, Karnataka and Delhi, have taken diametrical opposite view on the question whether the prices fixed under the Drugs (Prices Control) Order (for short, 'DPCO') in respect of drugs/formulations would be operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price fixation order by the manufacturer.
(3.) THE Drugs (Prices Control) Order,1995 (for short, 'DPCO,1995') was under consideration before the Karnataka High Court whereas the Drugs (Prices Control) Order,1987 (for short, 'DPCO,1987') fell for consideration before the Delhi High Court. Although, the sequence of the relevant paragraphs in the two DPCOs differ but the relevant provisions are almost identical. The view of the Karnataka High Court has not been accepted expressly by the Delhi High Court. Since the common arguments have been advanced in this group of matters and the question of law is identical, all these six appeals were heard together and are disposed of by the common order.;