Bombay High Court
Sun Pharmaceutical Industrial Ltd vs Hetvi Lifesciences Pvt Ltd And Anr on 23 February, 2022
Author: R. I. Chagla
Bench: R. I. Chagla
906-IAL-28071-21.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 28071 OF 2021
IN
COMMERCIAL IPR SUIT (L) NO. 28068 OF 2021
Sun Pharmaceutical Industries Limited ...Applicant/
Plaintiff
Versus
Hetvi Lifesciences Private Limited & Anr. ...Defendants
WITH
COURT RECEIVER'S REPORT NO. 11 OF 2022
WITH
LEAVE PETITION (L) NO. 28073 OF 2021
IN
COMMERCIAL IPR SUIT (L) NO. 28068 OF 2021
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Mr. Hiren Kamod a/w Mr. Vaibhav Keni, Ms. Neha Iyer, Mr.
Anees Patel and Mr. Prem Khullar i/by Legasis Partners for the
Applicant/Plaintiff.
Mrs. Rekha Rane, 2nd Asstt. to C.R. present.
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SHARAYU
PANDURANG
CORAM : R.I. CHAGLA J
KHOT
DATE : 23 February 2022
Digitally
signed by
SHARAYU
ORDER :
PANDURANG KHOT Date:
2022.02.24 18:40:41 +0530
1. Mr. Kamod, learned Counsel appearing for the Applicant/Plaintiff states that by order dated 21st January 1/4 906-IAL-28071-21.doc 2022, exparte ad-interim order dated 10th December 2021 was continued till the next date.
2. The matter was to be listed on 22nd February 2022.
however, matter was not listed on that day.
3. Leave Petition under Clause XIV for the Letters of Patent is pending. He has submitted that the Defendants have been served with the Leave Petition. Affdavit of Service dated 2nd January 2022 has been fled to that effect. He has accordingly, requested for the Leave Petition to be heard and for the ad-interim order to be extended.
4. Having considered the submissions of the learned Counsel Mr. Hiren Kamod and considering the fact that the Leave Petition has been served on the Defendants, the Leave Petition is made absolute in terms of prayer clause (a) of the Leave Petition. Accordingly, the Interim Application is required to be stood over for further ad-interim relief. The exparte ad- interim order dated 10th December 2021 is continued till the next date.
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906-IAL-28071-21.doc
5. The 2nd Assistant to Court Receiver has stated that the Court Receiver Report No. 11 of 2022 has been fled in the Registry on 13th January 2022 and is accordingly, taken on record.
6. Mr. Kamod, the learned Counsel for the Plaintiff states that in view of the Court Receiver's Report, wherein it is stated that the invoice of WIN CURE PHARMA was found which shows that the impugned product VOLIPAIN - NF for Defendant No. 1 is being manufactured, an amendment of the Suit Plaint and Interim Application is required for placing these facts on record.
7. In view thereof, the Applicant/Plaintiff shall submit the draft amendment before this Court on the next date.
8. Place the Interim Application under the caption for further ad-interim relief and for considering the draft amendment on 15th March 2022.
9. Notice of this order shall be served by the Advocates 3/4 906-IAL-28071-21.doc for the Applicant/Plaintiff on the Defendants and shall fle Affdavit of Service to that effect on or before next date.
[R.I. CHAGLA J.] 4/4