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United Biotech Pvt. Ltd. vs Orchid Chemicals And Pharmaceuticals ... on 17 January, 2018

Bench: Ranjan Gogoi, Navin Sinha

                                                                                      1


                                                                      REPORTABLE

                                   IN THE SUPREME COURT OF INDIA

                                     CIVIL APPELLATE JURISDICTION

                                       M.A. NO.1764 OF 2017
                                                 IN
                                 CIVIL APPEAL NO(S). 19938 OF 2017


                         UNITED BIOTECH PRIVATE
                         LIMITED                            ...APPELLANT(S)

                                              VERSUS

                         ORCHID CHEMICALS AND
                         PHARMACEUTICALS LIMITED AND
                         ORS.                     ...RESPONDENT(S)

                         AND IN THE MATTER OF :

                         UNITED BIOTECH PRIVATE
                         LIMITED                            ...APPLICANT(S)


                                                ORDER

1. Upon hearing the learned counsel for the applicant, the judgment of this Court dated 29th November, 2017 passed in Civil Appeal Nos.4767-4769 of 2011 and other connected matters is modified in the Signature Not Verified Digitally signed by following terms.

(i) In paragraph 13, the words “The arguments advanced on behalf of the appellants in the appeals” shall be substituted by the words “The arguments advanced on behalf of the appellants in Civil Appeal Nos.4767-4769 of 2001 and respondents in the appeal arising out of Special Leave Petition (Civil) No.27309 of 2012”.

(ii) In paragraph 14, the words “In reply, on behalf of the respondent”, shall be substituted by the words “In reply, on behalf of the respondents in Civil Appeal Nos.4767-4769 of 2001 and appellant in the appeal arising out of Special Leave Petition (Civil) No.27309 of 2012”.

(iii) Paragraph 37 shall read as under:

37. In the light of the above while answering the question arising in the manner indicated above, we dismiss Civil  3 Appeal Nos.4767-4679 of 2001 and Civil Appeal arising out of Special Leave Petition (Civil) No.1851 of 2009 and allow the civil appeal arising out of Special Leave Petition (Civil) No. 27309 of 2012.

2. The application is allowed in the above terms.

....................,J.

(RANJAN GOGOI) ...................,J.

                                      (NAVIN SINHA)
NEW DELHI
JANUARY 17, 2018
                                                                              4


ITEM NO.302                   COURT NO.3                    SECTION XIV

                 S U P R E M E C O U R T O F           I N D I A
                         RECORD OF PROCEEDINGS

                            M.A. NO.1764 OF 2017
                                      IN

CIVIL APPEAL NO(S). 19938 OF 2017 UNITED BIOTECH PVT. LTD. PETITIONER(S) VERSUS ORCHID CHEMICALS AND PHARMACEUTICALS LTD. & ORS. RESPONDENT(S) (FOR ADMISSION and IA No.136840/2017-CLARIFICATION/DIRECTION ON 17.1.2018 AT 2.00 P.M.) Date : 17-01-2018 This application was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. J. Sai Deepak, Adv.

Mr. Bharadwaj Jaishankar, Adv. Mr. Mohit Goel, Adv.

Mr. Sidhant Goel, Adv.

Mr. Ashutosh Nagar, Adv.

Mr. P.D.V. Srikar, Adv.

Mr. Deepankar Mishra, Adv. Mr. Mishra Saurabh, AOR For Respondent(s) Mr./Ms. Gladys Daniels, Adv.

Mr. S. Santanam, Adv.

Mr. Swaminadhan, Adv.

Ms. Aarthi Rajan, Adv.

UPON hearing the counsel the Court made the following O R D E R The application is allowed in terms of the signed reportable order.

           [VINOD LAKHINA]                            [ASHA SONI]
              AR-cum-PS                              BRANCH OFFICER

[SIGNED REPORTABLE ORDER IS PLACED ON THE FILE]