Delhi High Court - Orders
Corona Remedies Pvt. Ltd vs Umac Pharmaceuticals & Ors on 18 October, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA-IPD 7/2022 and CM APPL. 378/2021
CORONA REMEDIES PVT. LTD. ..... Appellant
Through: Mr. Vikas Khera, Mr. Vishal Sharan,
Mr. Ved Prakash and Ms. Vinita
Bhagwani, Advocates (M:
7834897828).
versus
UMAC PHARMACEUTICALS & ORS. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.10.2022
1. This hearing has been done through hybrid mode. CM APPL. 40739/2022 (for transferring the present matter to IPR appellate division)
2. This is a regular first appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act (hereinafter, Commercial Courts Act) for transferring the present matter from regular Appellate Court to the IPR Appellate Division. The Appeal has today been listed before the IP Division.
3. The CM APPL. 40739/2022 is accordingly disposed of. CM APPL. 378/2021 (stay) & RFA-IPD 7/2022
4. This is an application filed on behalf of the Plaintiff under Order 41 Rule 5 & 33 CPC for stay of impugned judgement and decree dated 5th September, 2020, wherein the suit filed by the Plaintiff was returned for want of territorial jurisdiction by the Trial Court. However, Mr. Vikas Khera ld. Counsel for the Plaintiff submits that the Defendant was ex-parte even Signature Not Verified Digitally Signed By:DEVANSHU JOSHI RFA-IPD 7/2022 Page 1 of 2 Signing Date:20.10.2022 11:06:27 during the Trial court and despite service was not appearing.
5. In that case, let the Plaintiff take steps for substitute service.
6. If the Defendants' address is not available to Plaintiff, the Plaintiff to take steps to serve via alternate mode.
7. List before the Joint Registrar for completion of service on 23rd November, 2022.
8. List before the Court on 13th January, 2023.
PRATHIBA M. SINGH, J.
OCTOBER 18, 2022 MR/SR Signature Not Verified Digitally Signed By:DEVANSHU JOSHI RFA-IPD 7/2022 Page 2 of 2 Signing Date:20.10.2022 11:06:27