SUBRATA TALUKDAR,J. - (1.) In this writ petition challenge is thrown to the demand notices dated 2nd February, 2015 and 17th March, 2015 against the petitioners claiming an amount in respect of alleged overcharging by the petitioners for selling a scheduled drug formulation by the name of a Kansel-B 10 gram tube to stockists/wholesalers.
(2.) The concerned authority being the Director of Pharmaceuticals, National Pharmaceutical Pricing Authority (for short NPPA), Government of India informed the petitioner-No.1-Company that it has come to the knowledge of NPPA that the Company has been manufacturing and marketing the Kansel-B 10 gram tube in Gel form at a price higher than the selling price notified vide in G.O. dated 14th February, 2007. The Company was, therefore, charged with claiming an excess price for the formulation for the period between March, 2007 to July, 2008. In terms of Para-13 of the Drug Price Control Order, 1995 ( for short DPCO), the Company was also made liable to pay interest up to 15th February, 2015, i.e. the contemporaneous date of the demand.
(3.) By the further demand notice dated 17th March, 2015 issued by the Deputy Director, NPPA the Company was called upon to deposit a total amount of Rs. 1,16,61,344/- (Rupees one crore sixteen lacs sixty one thousand three hundred forty four only) towards its liability to pay interest.;