The Delhi High Court today directed the Drug Controller General of India (DCGI) to process the licence application of Cipla for production and sale of the generic version of global pharma major Bayer Corporation’s liver and kidney cancer drug ‘Nexavar’.
A division bench comprising Chief Justice A P Shah and Justice Manmohan directed DCGI to take a decision over Cipla’s application.
“The government would process the application of Cipla and would pass an order accordingly,” said the court.
The court’s direction came over a petition filed by Bayer, challenging an order of a single bench, headed by Justice S Ravindra Bhat, which rejected a plea to restrain DCGI from granting a licence to Cipla to produce and sell ‘Soranib’.
“We, prima facie agree with the order of the single judge,” the division bench said.
Meanwhile, the bench also said Cipla would have to take the court’s permission before launching Soranib — the generic version of Nexavar.
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The court added that the licence granted by the sectoral regulator would be subject to its final decision on the case.
It also declined Bayer’s plea to restrain the sectoral regulator from taking any decision and directed all parties, including Bayer, Cipla and the government to file their written submission in two weeks.
The court also rejected Bayer’s request to stay the cost of Rs 6.75 lakh imposed by Justice S Ravindra Bhatt for unnecessary litigating.
“We have a conscious decision... You would have to pay cost,” it said.