Bombay High Court allows Bharat Biotech to use a plant in Poona to scale up Covaxin production, directs Maharashtra to grant requisite approvals

The Bombay High Court on Thursday permitted Biovet Pvt. Ltd., an associate company of Bharat Biotech to take possession of the 'ready to use' manufacturing plant in Pune, Maharashtra to operate and manufacture COVID-19 vaccine, 'Covaxin'.The Court further directed the Chief Conservator of Forests of Pune Division, Pune District Collector and Forest Department of Maharashtra to grant appropriate licenses and permissions required by Biovet in a time bound manner to enable manufacture of the vaccine. .These interim directions were passed by Bench of Justices KK Tated and NR Borkar on a petition filed by Biovet seeking to quash and set aside the order of the Deputy Conservatory of Forests refusing to grant it permission run the vaccination manufacturing unit. .The ready-to-use BLS-3 vaccine manufacturing facility was owned by Intervet India Pvt Ltd. They were in the process of shutting down the plant as they were closing their business for commercial reasons. .In its interim application seeking urgent possession of the manufacturing plant, Biovet made the following arguments:That there were only three manufacturers in the country capable of producing COVID vaccine and Biovet being an associate of Bharat Biotech was one of them;That there is shortage of this vaccine and the present manufacturing plant of Biovet is unable to meed the demands;That Intervet was still using the manufacturing unit and had agreed to hand over the plant to Biovet to enhance its vaccine production..Advocate General Ashutosh Kumbhakoni appearing for the State submitted that while they had no objecting to Biotech using the plant for production of Covaxin, they did not want Biovet to claim equity on the basis of this permission during the final hearing of the petition. .Biovet filed an affidavit-cum-undertaking to this effect stating that they will use the unit for manufacturing Covaxin used for COVID-19 and not claim equity of the permission granted now during the final hearing of the plea. .Kumbhakoni also stated that the State departments will co-operate for grant of any permission, if required to start manufacturing activities. "The application filed by Biovet will be decided without wasting time, considering the present COVID-19 position in Maharashtra," he submitted. .The Court, therefore, proceeded to allow the application considering the fact that applicants are ready and willing to start manufacturing activity and the State was not objecting to the application. .Advocates Prathamesh Kamat, Zoeb Cuterwala and Vikram Kamath instructed by Phoenix Legal appeared for Intervet.Advocates RD Soni and Sujay Gawde instructed by Shree and Co. appeared for Biovet.Advocate General was assisted by Advocate Akshay Shinde and Government Pleader PP Kakade.[Read Order]