However, the increase in prices comes to Rs 1.48.
The submission was made before a bench of Chief Justice G Rohini and Justice R S Endlaw which was hearing a plea by pharma firms Reckitt Benckiser and J K Ansell Ltd (JKAL) who have challenged the government's decision to put a ceiling on the prices of condoms.
During the proceedings, the central government's Standing Counsel Sumeet Pushkarna handed over to the bench a July 10, 2014 notification issued by the National Pharmaceuticals Pricing Authority (NPPA) as per which the ceiling on condom prices was increased from Rs 6.56 to Rs 8.04 per condom.
Senior advocate Kapil Sibal, appearing on behalf of the firms, agreed that they have been selling at higher prices but contended that their products are 'devices' not 'medicines' and thus would not fall under the Drug Price Control Order (DPCO) and therefore, no cap can be put on their prices.
Reckitt and JKAL have also sought clarification regarding the basis for the price revision, asking what all aspects, including other brands and prices, were considered by NPPA.
They also contended that since the prices have been revised by NPPA, admittedly after taking into consideration prices of some other brands -- like Durex and Kohinoor -- an exercise which was not conducted back in 2013 when the cap was fixed at Rs 6.56, hence, the companies are entitled to be compensated for selling their condoms Rs 1.48 cheaper from December 2013 till date.