The High Court of Kerala has ordered the C&F office at Thrissur of the Mumbai based pharmaceutical manufacturing company, Lupin Laboratories Ltd, to resume supply of medicines to the Thrissur based wholesale dealer, Kalyan Drugs.
The court has also directed the assistant drugs controller (ADC) of Thrissur to advise the manufacturer and their C & F agent to supply all medicines whenever needed and ensure compliance of clause 18 of the DPCO. The first respondent in the petition is the assistant drugs controller who is accused of inaction even after intimated of the violation of the clause.
The court’s observation has come following a petition filed by the aggrieved wholesaler, Kalyan Drugs, claiming that it is a licenced distributor and a recognised dealer of the company for the past several years. Lupin has discontinued supply after accepting an amount of Rs.50,000 from the dealer, says the affidavit.
Another major allegation against the company was that it discontinued supply on the advice of the state trade body, All Kerala Chemists & Druggists Association (AKCDA).
On discontinuation of drugs by the company, the distributor had lodged a complaint with the ADC of Thrissur on July 24, this year, but he has not taken any action against the company. So, on September 29, the distributor filed a petition in the court. It has been alleged that the ADC is under the influence of the AKCDA and its state officials.
The petitioner filed copies of previous judgments made by the high court upholding the clause 18, and its strict observation for compliance of the same. He has also sought the intervention of the Court for the inaction of the Thrissur ADC whose deliberate silence on the alleged violation of the manufacturing company helped it to withhold the supply for long.
Kalyan drugs was a member of the state trade body, AKCDA, but resigned from the membership due to the alleged factional feud in the organisation. It is alleged that AKCDA is acting inimical towards the petitioner and influenced all sources to discontinue the supply.
Whereas, several of the wholesalers in Kerala are complaining that the depot manager of Lupin in Kochi is keeping a hostile attitude towards the traders and because of his unfriendly behaviour many of them are now keeping a distance from the company. The drugs control officials from Thiruvananthapuram and Ernakulum told Pharmabiz that the responses of the depot manager were always irritating.