A.K.Banerjee, J. - (1.) Dey's Medical Stores Manufacture (U.P.) Limited (hereinafter referred to as the 'petitioner company') is a small scale industrial unit by virtue of a certificate granted by the Directorate of Industries, Government of Uttar Pradesh on March 9, 1981. The petitioner company is a manufacturer of various drugs and cosmetics having its undertaking at Uttar Pradesh.
(2.) On August 28, 1987 Drugs (Price Control) Order, 1987 was promulgated by the Union of India. According to paragraphs 28 of the said Order of 1987 Central Government by a notification dated October 16, 1987 exempted drug manufacturing unit registered as SSI Unit from operation of paragraphs 9, 11 and 22 of the said Order of 1987 subject to three conditions :- "(i) Unit to be an independent unit and not subsidiary unit owned or Controlled by any other undertaking which is not exempted from application of the 1987 Order; (ii) Formulations to be marketed by the concerned unit in their own brand name/trade mark and not brand name of any other company; (iii) Such unit to file declaration with Ministry of Chemicals and Fertilizers within 60 days from the date on which notification is issued to the effect that the concerned unit complied with the two conditions."
(3.) In terms of the said notification dated October 16, 1987 the petitioner company duly submitted a declaration within the time stipulated under the said notification.;