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Vifor (International) Ag & Anr vs Cipla Limited on 26 April, 2023

Author: Amit Bansal

Bench: Amit Bansal

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+       CS(COMM) 242/2023

        VIFOR (INTERNATIONAL) AG & ANR.         ..... Plaintiffs
                      Through: Mr.Neeraj Kishan Kaul, Senior
                               Advocate with Ms.Vaishali Mittal,
                               Mr.Rohin Koolwal, Mr.Hersh Desai,
                               Mr.Siddhant      Chamola          and
                               Mr.Shivang Sharma, Advocates.
                      versus
        CIPLA LIMITED                           ..... Defendant
                      Through: Mr.C.M.Lall, Senior Advocate with
                               Mr.Aadarsh Ramanujan, Ms.Suhrita
                               Majumdar, Mr.Subhatosh Majumdar,
                               Mr.Afzal B. Khan, Mr.Samik
                               Mukherjee and Mr.Vishal Nagpal,
                               Advocates.

        CORAM:
        HON'BLE MR. JUSTICE AMIT BANSAL
                           ORDER

% 26.04.2023 I.A. 7819/2023 (exemption)

1. Subject to the plaintiffs filing documents with proper margins and the original, translated, typed, clear and legible copies of the documents on which the plaintiffs may seek to place reliance, within four weeks from today, exemption is granted for the present.

2. The application is disposed of.

I.A.7820/2023 (extension of time to file court fees)

3. As prayed, one week time is granted to the plaintiffs to pay the court fees.

CS(COMM) 242/2023                                              Page
                                                          Signing       1 of 3 11:14:34
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4. The aforesaid applications stand disposed of in above terms. I.A.7821/2023 (u/S 151 of CPC)

5. Subject to the plaintiffs filing the notarised versions of signed affidavits in support of the plaint and various applications, statement of truth, certification under Section 65B of the Indian Evidence Act, 1872, declaration under Order XI of the Code of Civil Procedure, 1908 within four weeks from today, exemption is granted for the present.

6. The application is disposed of.

I.A. 7822/2023 (u/S 12A of Commercial Courts Act)

7. In view of the urgent interim relief sought, the plaintiffs are granted exemption from the requirement of pre-institution mediation in terms of Section 12A of the Commercial Courts Act, 2015.

8. Accordingly, the application stands disposed of. I.A. 7818/2023 (O-XI R-1(4) of the Commercial Courts Act)

9. The present application has been filed on behalf of the plaintiffs seeking leave to file additional documents under the Commercial Courts Act, 2015.

10. The plaintiff is granted thirty days' time to file additional documents.

11. Accordingly, the application is disposed of. I.A. 7817/2023 (O-XI R-2 of the CPC)

12. List on 2nd May, 2023.

CS(COMM) 241/2023

13. Let the plaint be registered as a suit.

14. Issue summons.

15. Summons are accepted by the counsel appearing on behalf of the defendant.

CS(COMM) 242/2023                                              Page
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16. The summons shall state that the written statement shall be filed by the defendant within thirty days from the date of the receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.

17. Liberty is given to the plaintiff to file replication, if any, within thirty days from the receipt of the written statement. Along with the replication filed by the plaintiff, affidavit of admission/denial of the documents of the defendant be filed by the plaintiff.

18. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

19. List on 2nd May, 2023.

I.A. 7816/2023 (O-XXXIX R-1 & 2 of CPC)

20. Issue Notice.

21. Notice is accepted by the counsel appearing on behalf of the defendant.

22. On the aspect of ad interim orders, submissions on behalf of the counsels have been heard.

23. Order reserved.

24. Status quo in terms of the order passed on 25th April, 2023 by the Bench of C. Hari Shankar, J. shall continue till order is pronounced.

                                                            AMIT BANSAL, J
APRIL 26, 2023/sr
                                                            Signature Not Verified
                                                            Digitally Signed By:AMIT
                                                            BANSAL

CS(COMM) 242/2023                                                Page
                                                            Signing       3 of 3 11:14:34
                                                                    Date:27.04.2023