2005 (8) TMI 126

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....edi & Gupta, ld. Advocate for the petitioner and Mr. Jitendra Malkan appearing for Respondent Nos. 1, 2 & 4. The dispute between the parties is confined to a limited issue and hence, with the consent of the learned Counsel the matter is taken up for final hearing and disposal today. Rule. Mr. Malkan waives service. 2. The grievance of the petitioner is that the petitioner, manufacturer of Drugs....

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.... ground on which the claim of the petitioner was rejected was that the drug Roxythromycin did not find place in any Indian Pharmacopoeia or Pharmacopoeia of any other country viz. official pharmacopoeia. However, the drug in question appears in Martindale Pharmacopoeia which is official pharmacopoeia of Great Britain. The Tribunal has failed to consider the same and instead referred to European Ph....

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....Tribunal have escape notice. It is not necessary to enter into any discussion as to why the Tribunal failed to take the same into consideration. Even if it is a case of pure oversight, it would constitute an apparent error, once the material was there before the Tribunal. In these circumstances, in the interest of justice, it would be just and proper if the appeal to the extent as relatable to cla....