The national drug price regulator National Pharmaceutical Pricing Authority (NPPA) has once again rejected Cadila Healthcare's review application against fixation/revision of ceiling prices of dexamethasone injection 4mg/ml.
Earlier, the NPPA vide price fixation Order S.O. No.1157(E) dated 28/4/2014 had fixed/revised ceiling price of dexamethasone injection 4mg/ml under Drugs Prices Control Order, 2013 (DPCO, 2013).
Aggrieved by the NPPA notification, Cadila Healthcare then submitted a review application dated 23.5.2014 to the reviewing authority, Department of Pharmaceuticals (DoP), under para.31 of DPCO, 2013 for the review of NPPA price fixation Order S.O.No.1157 dated 28th April 2014 fixing ceiling price of dexamethasone injection 4 mg/ml under para.4 of DPCO, 2013 included in Schedule-I of DPCO, 2013 (and also covered under DPCO, 1995). After affording a personal hearing to the petitioner on 17.6.2014 and due examination and approval of the competent authority a review order of even No. dated 23.7.2014 was issued in the matter.
But this review order was set aside by the Delhi High Court vide its order dated 30.9.2014 passed in the matter of WP No.5864/2014 (Cadila Healthcare Ltd. Vs. Union of India & Anr.) and remanded the said review order back to the reviewing authority, (DoP), to consider it afresh after affording the petitioner an opportunity to be heard directing further that the reviewing authority shall conclude the proceedings and pass a final order on or before 28.10.2014.
In compliance to the Court order, a fresh personal hearing was accorded to the petitioner by the DoP on 16.10.2014.
Based on the hearing and other documents on record, the DoP ordered, “The points raised by the Petitioner in the hearing dated 16.10.2014 have therefore no merit and deserve to be rejected. As regards the issue raised by the Petitioner during the hearing on 17.6.2014 relating to WPI increase for the year 2013 the corrective action Page 8 of 8 has already been taken, which has also been observed by Hon’ble Court in its order dated 30.9.2014”.