GLAXO SMITHKLINE PHARMACEUTICAL LTD. THROUGH ITS SENIOR GENERAL MANAGER LEGAL AND SECRETARIAL vs UNION OF INDIA THROUGH ITS SECRETARY — C.A. No. 6178/2009

Case Summary: Glaxo Smithkline Pharmaceuticals Ltd. v. Union of India Decision: The Supreme Court allowed the appeal and set aside the High Court judgment, holding that Glaxo Smithkline can charge non-DPCO-controlled prices for drugs manufactured during the exemption period (until 31 December 1994), even if sold after that date. Key Reasoning: The court interpreted Paragraph 28 of the Drugs (Prices Control) Order 1987 to mean that price control exemptions relate to manufacture, not sale. Since the exemption applied to goods manufactured by 31 December 1994, the company could thereafter charge unilaterally-determined prices uncontrolled by government price fixation, rejecting the government's demand for Rs. 2.04 crores in allegedly overcharged amounts from post-exemption sales. This case analysis is maintained by casestatus.in based on publicly available court records.