The Maharashtra Food and Drug Administration (FDA) on Saturday withdrew its order to cancel the drug sale licence of Cipla Pharma & Life Sciences Limited’s Pune unit after the Bombay high court rapped the state regulator for going “overboard” and behaving in a “high-handed” manner.
“The company had no representative available that day and had sought an adjournment. However, the FDA passed the order the same day without granting a hearing,” news agency PTI quoted Ponda as saying. The FDA was represented by Additional government pleader P P Kakade, who countered that the law does not provide the company the right to a hearing. However, the bench did not agree and questioned why the department had emailed the drug company, asking it to send a representative to a hearing, especially on a holiday declared by the state government. “You (FDA) are doing a laudable and appreciative job, but now you are going overboard. This is not the first time this is happening.
Senior counsel Aabad Ponda, appearing for Cipla , told the bench on Saturday that the FDA had sent an email to the company directing them to appear before the department for a hearing on August 26, which was a public holiday.
You have wronged, and now you have to resolve the issue,” the high court said. The high court also questioned whether it was “fair and transparent” for the FDA to email the company and direct them to send a representative to a hearing on the same day.
