Bombay High Court
Novartis Ag And Anr vs Aanchal Corp on 3 September, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
Nitin 1 / 2 982-NMCDL-2064-2018-UR.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO. 2064 OF 2018
IN
COMIP (L) NO. 1187 OF 2018
Novartis AG and Anr. ... Plaintiffs
Versus
Aanchal Corp ... Defendant
Mr.Hemant Singh a/w. Ms. Mamta Jha I/b. Mr.Rishi Mody for the Plaintiffs.
None for the Defendant.
CORAM : S.J. KATHAWALLA, J.
DATED : 3RD SEPTEMBER,2018 P.C.:
1. Perused the Plaint and the Exhibits thereto.
2. Heard the learned Advocate appearing for the Plaintiffs. The Plaintiffs have made out a case for urgent ad-interim relief without notice in paragraph 55 of the Plaint. Prima facie, case for ad-interim relief in terms of prayer clause (a) is made out by the Plaintiffs. Balance of convenience is also in favour of the Plaintiffs. Hence, the following order :
i. Ad interim order in terms of prayer clause (a) of the Notice of Motion is granted upto 5th September, 2018. Prayer clause (a) is reproduced hereunder :
"(a) pending the hearing and final disposal of the present Suit, the Defendant by itself or through its directors, licensees, franchisees, ::: Uploaded on - 03/09/2018 ::: Downloaded on - 05/09/2018 01:47:51 ::: Nitin 2 / 2 982-NMCDL-2064-2018-UR.doc agents, distributors, dealers, stockists and all persons claiming through it be restrained by a temporary ex-parte order and injunction of this Court from infringing the Plaintiff No.1's Indian Patent No.212815 from using, manufacturing by itself or through third parties, importing, selling, offering for sale either through the website http://www.aanchalcorp.in/ or by any other means, exporting, directly or indirectly dealing in pharmaceutical products or formulations containing Vildagliptin alone or Vildagliptin in combination with any other compound or formulation or in any other form as may amount to infringement of Indian Patent No.212815 of the Plaintiff No.1 ;
ii. A copy of this order shall be forthwith served on the Defendant by hand delivery by the Advocates for the Plaintiffs.
Stand over to 5th September, 2018.
( S.J.KATHAWALLA, J. ) ::: Uploaded on - 03/09/2018 ::: Downloaded on - 05/09/2018 01:47:51 :::