2005 (8) TMI 126

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..... ent 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 claimed exemption qua Roxythromycin cleared during September, 1996 to December, 1996 and N .....

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..... d 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 Pharmacopoeia in which admittedly the drug was listed for first time on 1-1-1997, viz., after .....

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..... ibunal 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 claim of Roxythromycin is concerned, is restored to the file of the Tribunal. 6. Accordingly Ap .....

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