- (1.) THESE appeals are directed against order dated 13.02.2013 passed by the learned Single Judge, whereby, the writ petitions filed by the petitioners appellants have been dismissed. D.B. Civil Special Appeal (W) No.672/2013 is time barred by 37 days and an application under Section 5 of the Limitation Act, 1963 has been filed.
(2.) HAVING considered the submissions made in the said application, supported by affidavit, we are satisfied that the appellant was prevented by sufficient cause in not filing the appeal within limitation and, therefore, the application seeking condonation of delay in filing the appeal is allowed. The delay of 37 days is condoned. The brief facts of the appeals, which involve identical facts, may be noticed thus: the respondent Rajasthan Medicare Relief Society ('the Society') operates medical/drug stores at all major hospitals, which are operated with the aid of Registered Pharmacists; the Society by an advertisement dated 21.09.2010 invited tenders from qualified Pharmacists for operating their stores at MDM Hospital and MG Hospital, Jodhpur respectively; the tenders submitted by the appellants were accepted and agreements were executed between the parties in this regard; the stores being operated by the appellants were inspected by the Committee constituted by the Society, which found lapses on part of the operators in that the stores were not being operated in conformity with the terms and conditions of the contract; further the store operated by the appellant Naresh Kumar was found to have indulged in trade of spurious injection 'Meropenam', the drug store operated by appellant Arun Kumar was also found to have indulged in committing various irregularities while operating the store on inspections done by the Drug Controller under the Drugs and Cosmetics Act, 1940 ('the Act').
(3.) IN view of the above circumstances, the drug stores were seized by the Secretary of the Society and a committee was constituted for detailed enquiry into the irregularities alleged to have been committed by the appellants. In the meanwhile, the Drug Licencing Authority cum Assistant Drug Controller, Jodhpur also issued notices seeking explanation from the respondent Society as to why the drug licence issued in its favour may not be suspended/cancelled.;