Date:21/05/2009

To,
Mr. H.G. Koshia
Commissioner
Office of the Commissioner,
Food & Drug Control Administration,
Block No. – 8, 1st Floor,
Jivraj Mehta Bhavan,
Ghandhinagar – 382 010

Sub:- Drugs & Cosmetics Act 1940 & Rules there under
---------------------------------------------------------------
CLOBET-GM SKIN CREAM/FUNGDID-B CREAM/ENAC GEL.

Ref:- Our letter Dt. 11/05/2009 and Your letter Dt. 15/05/2009
No.Universal pharma29942/B.
---------------------------------------------------------------------------

Dear Sir,

With reference to above subject matter,we are please to forwared to your dept. as
Follows:-

1. Manufacturing Licence :-MB/07/584 VALID UPTO.24-06-2012

2. Product Licence :- :-130/UA/2007

For PRODUCTS,

1. CLOBET-GM. 2. FUNGDID-B.
FROM:- M/S Srishti Biotec,238/5,SHAMSHERPUR,Pontasahib [H.P.]
2. EnacGel :-
FROM :- OMBIOMEDICS PVT.LTDPLOT NO.68-82-83 SECTOR 6-A
I.I.E. SIDCUL,HARIDWAR-249-403 [U.K.]

We are of the opinion that above given information is just more than sufficenent for
taking legal action against M/S GMBELL HEALTHCARE [INDIA] PVT. WHO IS
MANUFACTURING ‘’MISBRANDED’’ PRODUCTS IN THE MARKET.
 Date:21/05/2009
To,
Mr. H.G. Koshia
Commissioner
Office of the Commissioner,
Food & Drug Control Administration,
Block No. – 8, 1st Floor,
Jivraj Mehta Bhavan,
Ghandhinagar – 382 010

Sub:- Drugs & Cosmetics Act 1940 & Rules there under
---------------------------------------------------------------
CLOBET-GM SKIN CREAM/FUNGDID-B CREAM/ENAC GEL.

Ref:- Our letter Dt. 11/05/2009 and Your letter Dt. 15/05/2009
No.Universal pharma29942/B.
Dear Sir,
With reference to your letter, We would like to inform you as follows :-we have also loan
licence and products permission from your office.

.[1] CLOBET-GM PRODUCT PERMISSION FROM YOUR DEPT. DT. 24/04/2006

M/S Gmbell healthcare [India] pvt.ltd. has acquired on the basis of deed of assignment
dt.4/10/2005. which has been cancelled by your dept. on 12/08/2008. copy of this
enclosed.

[2) Universal Impex has entered in to the agreement for manufacture its own products as
listed in agreement on 4 October 2005 . with M/S. GMbell Healthcare (India) Pvt ltd The
copy of the agreement is enclosed .
The said agreement is terminated by Mr. Satish K. Mehta of Universal Impex on 29
September 2006.. Further the matter went to court and Honorable High Court has given
order on 6 July 2007. Where-in the said agreement dated 4 th oct 2005 is cancelled on
following grounds in the suit No. 1342 / 2007 and NM No. 1819 / 2007. M/S. GMbell
Healthcare (India) Pvt. Ltd. was defendant No. 3. in the said suit. The High Court Order
is enclosed .[ UNDER WHICH SEC. H.C HAS TAKEN SEC. 24,,37,42,45 AND
INDIAN PARTNERSHIP ACT SEC.53.]

Major reasons to cancel this Agreement by Bombay H.C.,

• Signed by one partner
• It is void illegal, untenable and declare null and void.
• Without any consent of partner.
_ LETTER DT.13/06/2007
[ MANUFACTURING UNDER DEED OF ASSIGNTMENT AND WERE
SUPPLYING TO UI]
• No consideration paid by M/S GMBELL HEALTHCARE [INDIA] PVT.LTD —
SO No CONSIDERATION No CONTRACT.[ as per affidavit of GMBELL in
Bom.H.C. ON 13/06/2007, AS THEY HAVE ADJUSTED BY JOURNAL ENTRY IN
OWN BOOKS OF A/C. Mr. Hiren Doshi (Director of MIs. GMbell Healthcare (1ndiac
given a letter to MIs. Universal Impex stating that “ We have no claim, title interest or
right of any nature in the trade marks except of manufacturing the products for and on
behalf of Universal Impex. We confirm that no right , title and interest in the marks are
confirmed on us by virtue of the said agreement. ]
• Not Registered with Trade Mark Registry
• No Stamp Duty paid
• For Manufacturing only and not for Marketing [as per letter dt.16/10/2006]
• Non Acquiescence by Mr. Satish K. Mehta etc.
[3] GMBELL HEALTHCARE [INDIA] PVT. LT.DT. 12/05/2008 TO M.S
COMMISSIONER OF FDA.

[4] JT. COMMISSIONER M.S LT.DT. 2/7/2008 TO THE COMMISSIONER OF

GUJARAT.

[5] ORDER DT. 12/08/2008 FOR CANCELLATION OF CLOBET-GM PERMISSION

OF M/S GMBELL HEALTHCARE [INDIA] PVT.LTD.,

[6] JT. COMMISSIONER OF M.S.FDA TO THE JT.COMMISSIONER OF GUJARAT

FDA DT 5/12/2008 WITH ALL DOCUMENTS[ 102 PAGES]

[7] JT.COMMISSIONER OF M.S.FDA TO THE JT.COMMISSIONER OF GUJARAT

DT.23/01/2009 FOR CLOBET-GM RF PRODUCT PERMISSION GIVEN BY TO
GMBELL AND ASKED FOR IMMEDIATE ACTION AGAINST THE FIRM AND
CANCEL THE CLOBET-GM RF PERMISSION AND INFORMED TO BOMBAY
OFFICE AT EARLIEST.

[8] NOTICE FROM JT.COMMISSIONER OF M.S. DT. 21/11/2007 FOR CLOBET-GM

SAME AND SMILIAR WITH OUR PRODUCTS.

[9] SEARCH REPORT OF TRADE MARK OFFICE DT.04/09/2008

SHOWS IN NAME OF JAYESH K MEHTA DT. 03/01/1997 AND UNIVERSAL
IMPEX MANUFACTURING LOAN LICENCE COPY FROM 1997 TO 2007/8.
 (10) M/S Universal Pharma Loan License withMIs.GMbell Healthcare(India) Pvt.Ltd.
Bearing the License No.G/25A / 3746-A dated 24 October 2007. along with list of
products. Some of the subjecte products are granted permission under the name of M/S.
UniversalPharma.The copy of the said loan license is enclosed..While referring above
mention documents we are of the opinion that :-submission of No Objection Certificate
from, GMBELL. M/S. Universal Pharma has obtain loan license with M/S. GMbell
Healthcare (India) Pvt. Ltd. After submitting necessary documents, declaration and
consent by Either party.Therefore , we request you to kindly verify the facts and consider
submitted documents, please give us the chance to appear in person before you.Once
again we request you to consider above mention facts and decide in the interest of justice.

Thanking you,

Yours Faithfully
Universal Pharma

JAYESH K.MEHTA
Since such look-a-like Product may confuse the common customer which is against the
Law. The look-a-like Products in the Market makes ‘UNHEALTHY COMPETITION’
and used as a substitute for genuine Drugs. Therefore they should not be available for
sale in the Market in the interest of Public Health.

We once again request your Depts. To take appropriate legal action against M/s. Gmbell
Healthcare (India) Pvt. Ltd. and Cancel the Permission granted to the said Products:-
1. Clobet gm RF
2. Clobet gm RC

Also we like to inform that, we Universal Pharma Has Loan License with M/S. Gmbell
Healthcare (India) Pvt. Ltd.
Loan License Details:-G/25/3746 – A Dt. 24/10/2007
G/28/4447 – A Dt. 24/10/2007 & Valid Up To 23/10/2012
For The Following Products:-
1. Enac Gel
2. Enac Gel Excel
3. Fungdid – K
4. Clobet – S Lotion
5. Clobet – S Ointment

M/s. Gmbell Healthcare (India) Pvt. Ltd. is Manufacturing and Marketing this Products
Whose Copy Right has been registered as follows:-

(A) Enac Gel Excel (Carton):-

Registration No. : A – 67427/2004
Date : 03/06/2004
In Name Of :Universal Impex
Author Name : Mehta Jayesh Kantilal
202, Riddhi Siddhi Nivas,
Old Prabhadevi Road,
Mumbai – 400 025
Maharashtra.
Valid For :10 Year
(From 2004 to 2014)
 (B) Fungdid – B (Carton)
Registration No.: A – 67436/2004
Date : Dt: 03/06/2004
In Name Of :Universal Impex
Author Name : Mehta Jayesh Kantilal
202, Riddhi Siddhi Nivas,
Old Prabhadevi Road,
Mumbai – 400 025
Maharashtra
Valid For : 10 Year
(From 2004 to 2014)

Your immediate Action in this very Serious Violation of Drug & Cosmetics 1940 and
Rules there under.

Undersigned need to take your Appointment for requesting for quick Action, Otherwise it
Seems that your Depts. is helping Wrongful Activities Of M/s. Gmbell Healthcare (India)
Pvt. Ltd. in manufacture and marketing Clobet gm RF, Clobet gm RC, Fungdid – B, Enac
Gel .

Thanking You

Yours Faithfully
Universal Pharma

(Mr. Jayesh K. Mehta)

)
Sub:- Drug & Cosmetics Act 1940 & Rules there under. Manufacture of “Clobet gm”
Skin Cream, Products Permission has been cancelled on 12/08/2008 by your Office, yet
keep continued Manufacture in same Name, Colour, Get-Up, and Design as that of “
Clobet gm (RF)” and “Clobet gm (RC).

Dear Sir,

With reference to your “Order” Dt:- 12/08/2008 from the Office of Commissioner of
Food & Drugs Control Administration, Gujarat State, Dr. Jivraj Mehta Bhavan, Block
No. 8, 1st Floor, Gandhinagar – Gujarat.

“To Stop Manufacturing, Sales and Distribution of ‘Clobet gm’ Skin Cream, as
same Brand of Product ‘Clobet gm’ Skin Cream Manufactured by Different
Manufacturer is Available in the Market.”

* Different Manufacturer of “Clobet gm” Skin Cream is Universal Pharma”.

The Said Product ‘Clobet gm RF’ is now manufactured by M/s. Gmbell Healthcare
(India) Pvt. Ltd. is same and similar in Colour, Design, Name and Get-up, As that of
‘Clobet gm’ has introduced, for which action was taken by Maharashtra FDA and Gujarat
FDA Depts. and Cancellation of Product Permission by your office on 12/08/2008.

Since such look-a-like Product may confuse the common customer which is against the
Law. The look-a-like Products in the Market makes ‘UNHEALTHY COMPETITION’
and used as a substitute for genuine Drugs. Therefore they should not be available for
sale in the Market in the interest of Public Health.

We once again request your Depts. To take appropriate legal action against M/s. Gmbell
Healthcare (India) Pvt. Ltd. and Cancel the Permission granted to the said Products:-
3. Clobet gm RF
4. Clobet gm RC
For your ready reference and immediate action to be taken, we are pleased to forward
your Depts. Following Documents:-
1. Copy of letter Dt:- 12/05/2008 of M/s. Gmbell Healthcare (India) Pvt. Ltd. to
‘Commissioner’ of FDA (Maharashtra State) For Prohibited Product Clobet gm
Skin Cream.
“ At present we have stopped manufacturing of this product, there by this
product is not available in the market. And we have already recalled the said
product from distributor.”
2. Copy of Letter from Joint Commissioner Office (Maharashtra State) to
‘Commissioner’ Office (Gujarat) Dt:- 02/07/2008. to stop manufacture / sales and
distribution.
3. Copy of order of Commissioner of FDA Gujarat Dt:- 12/08/2008 to M/s. Gmbell
Healthcare (India) Pvt. Ltd.
4. Copy of Letter Dt:- 05/12/2008 from Joint Commissioner (Maharashtra State) to
Joint Commissioner (Gujarat)
- In reply to Gujarat FDA Letter No. MFG/GM bell/J-2/08/73277/B Dt:-
15/11/2008 to Joint Commissioner (Maharashtra State)
5. Copy of Letter Dt:- 23/01/2009 from Joint Commissioner (Maharashtra State) to
Joint Commissioner (Gujarat)
(Clobet gm look-a-like Product Clobet gm RF)

Also we like to inform that, we Universal Pharma Has Loan License with M/S. Gmbell
Healthcare (India) Pvt. Ltd.
Loan License Details:-G/25/3746 – A Dt. 24/10/2007
G/28/4447 – A Dt. 24/10/2007 & Valid Up To 23/10/2012
For The Following Products:-
6. Enac Gel
7. Enac Gel Excel
8. Fungdid – K
9. Clobet – S Lotion
10. Clobet – S Ointment

M/s. Gmbell Healthcare (India) Pvt. Ltd. is Manufacturing and Marketing this Products
Whose Copy Right has been registered as follows:-

(C) Enac Gel Excel (Carton):-

Registration No. : A – 67427/2004
Date : 03/06/2004
In Name Of :Universal Impex
Author Name : Mehta Jayesh Kantilal
202, Riddhi Siddhi Nivas,
Old Prabhadevi Road,
Mumbai – 400 025
Maharashtra.
Valid For :10 Year
(From 2004 to 2014)
 (D) Fungdid – B (Carton)
Registration No.: A – 67436/2004
Date : Dt: 03/06/2004
In Name Of :Universal Impex
Author Name : Mehta Jayesh Kantilal
202, Riddhi Siddhi Nivas,
Old Prabhadevi Road,
Mumbai – 400 025
Maharashtra
Valid For : 10 Year
(From 2004 to 2014)

(E) Clobet – Gm
Search Report Dt. :04/09/2008
(Trade Mark Report No. Exm 007)
Application No. :729866
Class :5
Mark :Clobet
Proprietor Name :Jayesh Kantilal Mehta
Application Dt.: 03/01/1997

Your immediate Action in this very Serious Violation of Drug & Cosmetics 1940 and
Rules there under.

Undersigned need to take your Appointment for requesting for quick Action, Otherwise it
Seems that your Depts. is helping Wrongful Activities Of M/s. Gmbell Healthcare (India)
Pvt. Ltd. in manufacture and marketing Clobet gm RF, Clobet gm RC, Fungdid – B, Enac
Gel etc.

Thanking You

Yours Faithfully
Universal Pharma

(Mr. Jayesh K. Mehta)

Encl:- As Requested by Your Office Sample Cartons (Tube’s) of

Clobet gm RF / Clobet gm RC
Fungdid – B
Enac Gel (With our Products)
N.S. :-
1. We are also thinking of Applying permission from your dept. of others brand
I ) Moove II) fair & levely III) krack cream and some of the leading brands of
M/s. Cadila, M/s. Zydus cadila, M/s. Torrent Pharma.

“We are of the opinion that, your Depts. can not refuses our company in granting
above Product Permission, As you have allowed and given to M/s. Gmbell Healthcare
(India) Pvt. Ltd. after cancellation of ‘Clobet gm’ and Product Permission your depts.
has given same, similar in Name, Colour Get-up, Design as that of ‘Clobet gm RF
and Clobet gm RC’.

2. ‘M/s. Gmbell Healthcare (India) Pvt. Ltd.’ has Applied to Trade Mark Office on
Dt: 01/01/2008 for Clobet gm, Fungdid – B, Enac gel.

C.C.

1. To, 2. To,
Shree Ravi S. Saxena Shree D. Rajagopalan
Principal Secretary, Chief Secretary,
(Health & Family Welfare Depts.) Block No. 1, 3rd Floor,
Block No.: 1,8th Floor, Sachivalaya,
Sachivalaya, Gandhinagar – 380 010
Gandhinagar – 382 010. Phone No. - 23220372
Phone No. – 23251402 / 403 E-Mail:- csgnj@gujarat.gov.in
E – mail: sechfwd@gujart.gov.in

3. To, 4. To,
Mr. Kamlesh Patel Shree Jay Narayan Vyas
Chairman, Minister of Health,
The Indian Drug Government of Gujarat
Manufacture Association, Gandhinagar – 380 010
4, Park Avenue, (1st Floor) Ahmedabad
Parimal Garden Char Rasta, Phone No. – 23238109.
Nr. Gujarat Gas Company
Ahmedabad – 380 006.

5. To, 6. To,
Mr. Jashvant Patel Mr. Suhas Chaudhari
President Joint commissioner,
The Federation of Gujarat State (Greater Mumbai)
Chemist & Druggists Association 341, Bandra – Kurle Complex,
11/B, Second Floor, 3rd Floor, Bandra (East),
Shanty Commercial Centre, Mumbai – 400 051.
Nagar Sheth’s Vando, Gheekanta, Phone No. 022-26592362-65
Ahmedabad – 380 001. E-mail:- suhas_ch1955@yahoo.com
 E-mail:- suhas_ch@rediffmail.com

INDEX

Sr. Particulars
No.
1 Letter Dt: 23/01/2009
From FDA – Maharashtra To FDA – Gujarat
2. Letter Dt: 05/12/2008 From: FDA – Maharashtra To FDA –
Gujarat
3. Letter Dt: 12/08/2008 From: FDA – Gujarat (Gandhinagar)
To Gmbell Healthcare (India)Pvt. Ltd.
(To Stop Manufacturing and Sale of Clobet gm skin cream)
4. Letter Dt: 02/07/2008 From: FDA – Maharashtra To FDA –
Gujarat
5. (Maharshtra state) FDA to M/s. Gmbell Healthcare (India)
Pvt. Ltd. for same Clobet gm by two different Manufacturer
Dt:-21/11/2007.
6. Letter Dt: 12/05/2008 From: Gmbell Healthcare (India)Pvt.
Ltd. To FDA – Maharashtra
7. Trade Mark Application No.: 729866 For Clobet In Name Of
Jayesh K. Mehta.
8. (A) 1. Enac Gel Excel 30gm
2. Enac Gel Excel 15gm
9. (B) 1. Fungdid – B 15gm
2. Fungdid 15gm