Delhi High Court - Orders
Bayer Cropscience Aktiengesellschaft vs The Deputy Controller Of Patents And ... on 30 September, 2024
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-PAT) 80/2024 & I.A. Nos. 40827/2024,
40828/2024, 40829/2024 & 40830/2024
BAYER CROPSCIENCE AKTIENGESELLSCHAFT.....Appellant
Through: Mr. L. Badri Narayanan with
Mr. Prashant Phillips, Ms. Vindhya S.
Mani, Ms. Surbhi Nautiyal,
Ms. Harshita Agarwal and
Mr. Devesh Aswal, Advocates.
(M): 9717065125
versus
THE DEPUTY CONTROLLER OF PATENTS AND DESIGNS &
ANR .....Respondents
Through: Ms. Avshreya Pratap Singh Rudy,
SPC with Ms. Usha Jamnal and
Mr. Bishwajyoti Pal, Advocates for
respondent no. 1.
(M): 8744956276
Email: [email protected]
Mr. Sanvj Das, Advocate for
respondent no. 2.
(M): 9899844920
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 30.09.2024 I.A. No. 40828/2024 (Exemption from filing originals and clear copies)
1. The present application has been filed under Section 151 of the Code C.A.(COMM.IPD-PAT) 80/2024 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 08:18:47 of Civil Procedure, 1908 ("CPC") seeking exemption from filing originals, clearer copies, retyped/legible copies, translated copies and with existing margin.
2. Exemption is granted, subject to all just exceptions.
3. Appellant shall file legible and clear copies of the documents, before the next date of hearing.
4. Accordingly, the present application is disposed of. I.A. 40830/2024 (Exemption from filing legalized/apostilled affidavits)
5. The present application has been filed on behalf of the appellant under Section 151 CPC seeking exemption from filing legalized/apostilled affidavits.
6. Considering the submissions made before this Court, the appellant is exempted from filing the legalized/apostilled affidavits, at this stage.
7. The apostilled version thereof, be filed subsequently.
8. With the aforesaid directions, the present application is disposed of. C.A.(COMM.IPD-PAT) 80/2024 & I.A. Nos. 40827/2024 (for stay) & 40829/2024 (Seeking condonation of delay in filing the present appeal)
9. The present appeal has been preferred against the order dated 27th March, 2024 passed by the learned Deputy Controller of Patents and Designs revoking Patent Number IN 369450, which was earlier granted in favour of the appellant.
10. Learned counsel appearing for the appellant submits that the impugned order passed by respondent no. 1 is bad in law, in as much as, the said order is in total violation of the Principles of Natural Justice and the various submissions made on behalf of the appellant were not taken into consideration.
C.A.(COMM.IPD-PAT) 80/2024 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 08:18:47
11. Issue notice.
12. Notice is accepted by learned counsel appearing for the respondents.
13. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
14. List on 20th January, 2025.
MINI PUSHKARNA, J SEPTEMBER 30, 2024 c C.A.(COMM.IPD-PAT) 80/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/10/2024 at 08:18:47