Torrent Pharmaceuticals Limited vs Union Of India, Represented By The ... on 19 August, 2020

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Delhi High Court - Orders

Torrent Pharmaceuticals Limited vs Union Of India, Represented By The ... on 19 August, 2020

Bench: Jayant Nath

                          $~A-33
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(C) 5187/2020
                               TORRENT PHARMACEUTICALS LIMITED..... Petitioner
                                               Through     Mr. Sandeep Sethi, Sr. Adv. with
                                               Mr S. Majumdar, Ms. Suhrita Majumdar,
                                               Mr. Dominic Alvares, Mr. Afzal B Khan and
                                               Mr. Samik Mukherjee, Advs.
                                        versus
                               UNION OF INDIA, REPRESENTED BY THE SECRETARY,
                               DEPARTMENT FOR PROMOTION OF INDUSTRY AND
                               INTERNAL TRADE & ORS.                  ..... Respondent
                                               Through     Mr. H.V. Shankar, CGSC with
                                               Mr. Syed Husain Adil Taqvi, GP for UOI
                                               Mr. Pravin Anand, Ms. Vaishali Mittal,
                                               Mr. Siddhant Chamola and Mr. Rohin Koolwal,
                                               Advocates for R-3


                               CORAM:
                               HON'BLE MR. JUSTICE JAYANT NATH
                                           ORDER

% 19.08.2020 This hearing is conducted through Video Conferencing.

1. This Writ Petition is filed seeking the following reliefs:-

"(a) A writ of and/or in the nature of certiorari quashing the order dated 19.04.2011.

(b)A writ of and/or in the nature of certiorari quashing the orders of the Respondent Authorities, dated 04.07.2011 and the Impugned Order dated 13.07.2020, to the extent the Impugned Order is violative of the provisions of the Act; and

(c)A writ of and/or direction, in the nature of declaration that patent IN 235625 is lapsed/ceased with effect from 27.04.2010, and is accordingly struck off from the Register of Patents"

Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:21.08.2020 15:25:49

2. Learned counsel for respondent No.3, at the outset, states that apart from other grounds the challenge to communication dated 19.4.2011/order dated 4.7.2011 is hit by delay and latches.

3. The aforesaid contention is strongly refuted by learned senior counsel for the petitioner who states that they never had any actual knowledge or constructive knowledge of the said orders.

4. Let respondent No.3 file a short affidavit in opposition to the Writ Petition. The above issue as to whether the present challenge to the order dated 19.4.2011/4.7.2011 is hit by delay and latches or not will be decided by the Court first.

5. Rejoinder thereto if any be filed within one week thereafter.

6. List on 17.9.2020.

JAYANT NATH, J AUGUST 19, 2020/n Signature Not Verified Digitally Signed By:NIRMLA TIWARI Signing Date:21.08.2020 15:25:49

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Delhi High Court - Orders