F Haffmann-La Roche Ltd. and others Vs. National Medicines Regulatory Authority and others – 98/2016-2016

In the case between F. Hoffmann-La Roche Ltd. and A. Baur & Co. (Pvt) Ltd. (Petitioners) and the National Medicines Regulatory Authority and others (Respondents), the Court addressed whether interim relief restraining the import, distribution, and administration of the drug “Herticad” (a biosimilar to trastuzumab) should continue pending the final determination of the writ application. It was held that the Petitioners failed to meet the required legal and procedural standards for the continuation of interim relief. The key legal principle reaffirmed was that ex parte interim relief should only be granted in circumstances of genuine urgency and strict compliance with the Court of Appeal (Appellate Procedure) Rules 1990, and that the granting of such relief must consider the balance of conve