Delhi High Court - Orders
Boehringer Ingelheim Pharma Gmbh & Co. ... vs Natco Pharma Limited on 22 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 256/2020
BOEHRINGER INGELHEIM PHARMA
GMBH & CO. KG & ANR. ..... Plaintiff
Represented by: Mr. Sandeep Sethi, Sr. Adv. with Mr.
Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Mr. Harshit
Dixit, Advocates.
versus
NATCO PHARMA LIMITED ..... Defendant
Represented by: Mr. J. Sai Deepak, Mr. G. Nataraj,
Mr. Avinash Sharma, Mr. R.
Abhishek, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 22.12.2020 The hearing has been conducted through Video Conferencing. I.A.12462/2020 I.A.12463/2020
1. Learned counsel for the defendant states that inadvertently the same application under Order VII Rule 11 CPC has been re-filed through e-filing and he thus seeks leave to withdraw the same.
2. Applications are dismissed as withdrawn. I.A.10590/2020 (under Section 151 CPC-exemption from filing duly signed and affirmed affidavits) I.A. 7026/2020 (under Section 149 CPC r/w Section 151 CPC - exemption from filing attested affidavit) Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 256/2020 PageGUPTA MUKTA 1 of 3 Signing Date:22.12.2020 19:45:50
1. By these applications defendant seeks exemption from filing duly signed and affirmed affidavits in support of replies to the applications.
2. Affidavits be filed within four weeks.
3. Application is disposed of.
I.A. 7025/2020 (under Section 149 CPC-exemption from filing court fee)
1. Court fees be filed within four weeks.
2. Application is disposed of.
I.A. 5618/2020 (under Order XXVI Rule 9 and Order XXXIX Rule 7 CPC)
1. Learned counsel for the plaintiff states that the plaintiff does not wish to press this application any more.
2. Application is thus dismissed as withdrawn. CS(COMM) 256/2020
1. Learned counsel for the defendant states that there is apparently one day delay in filing the written statement and in view of the order passed by the Supreme Court on 17th December, 2020 in Civil Appeal No. 4085/2020 titled as 'S.S. Group Pvt. Ltd. Vs. Aaditya J. Garg & Anr.' extending the period of limitation including the filing of statement of defence, the delay if any in filing the written statement be condoned.
2. Delay of one day is condoned.
3. Written statement is taken on record.
4. Learned counsel for the plaintiff submits that the replication has been filed yesterday and would come up on record.
5. The statement made on behalf of learned counsel for the defendant will continue till the next date of hearing before this Court.
Signature Not Verified Digitally Signed By:JUSTICECS(COMM) 256/2020 PageGUPTA MUKTA 2 of 3 Signing Date:22.12.2020 19:45:50 I.A. 5617/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A. 6940/2020 (under Section 151 CPC-by plaintiff) I.A. 6965/2020 (under Order VII Rule 11 CPC-defendant)
1. List the applications for hearing on 15th February, 2021.
2. Parties will file their written submissions before the next date of hearing.
3. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 22, 2020 'ga' Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 256/2020 PageGUPTA MUKTA 3 of 3 Signing Date:22.12.2020 19:45:50