Court proceedings on 2.8.10 -- confidential

Sunday, 08 August 2010 15:19

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Apex Court  Proceeding on 2.8.2010



Contrary to what the IMA has informed the members,
what transpired at the Apex Court on 2.8.2010 is as follows:-

3 Aug 2010

Adv. Purvish Malkan & Adv. Thomas Joseph (QPMPA Advocates)

 

Subject matter was listed before the Hon'ble Supreme Court on 02.08.2010

(Coram: Hon'ble Mr. Justice B. Sudershan Reddy and Hon'ble Mr. Justice S. S. Nijjar)

Court No. 9 as Item No. 8.

The Petitioner in SLP (Civil) No.15717 of 2010 i.e., Indian Medical Association had circulated a letter for the adjournment for 8 weeks on the ground that their grievance is likely to be settled with the State Government.

The Court observed upon the letter that settlement is not possible by the Government, for the reason that for settlement amendment in the Central Act is necessary, which is not within purview of the State Government. Even Counsel appearing for the State Government has mentioned that there is no scope of settlement as the State cannot amend the Central Legislation.

Shri Krishnamani appearing for us mentioned before the Court that we are private Doctors who are actually exempted from the provisions of Chapter IV of the Act in view of entry 5 of Schedule K of the rules and we had been un-necessarily dragged into litigation.

Court considering the letter on behalf of IMA adjourned matter for one week as a last chance to try for any settlement, and is now likely to be listed on 09.08.2010 (Monday).

It would be helpful to us if doctors who are respondent in our matter appears through their Advocate before the Court, as they ought to support our petition.

When the honourable Supreme Court on 2nd Aug. heard our matter, Advocate appearing for the State of Kerala informed the Court that there is no such orders to ban the medical companies to supply medicines to doctors and hospitals those do not have the drug licences.


Then the counsel who appeared for the drugs department cleared that they did not receive any such orders from the Govt of Kerala.

 

Then Court viewed that we will get the medicines from the companies.

 

Regards.

Adv. Thomas Joseph.
Mob. 09968423641