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Bombay High Court

Linux Laboratories Private Limited vs Sun Pharma Laboratories Limited And Ors on 12 June, 2023

Author: R.I. Chagla

Bench: R.I. Chagla

                        13-IA(L) 4535.2022 and IA (L) 26159.2021 in COMIP 466.2021.doc

 K.S. Jadhav

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 ORDINARY ORIGINAL CIVIL JURISDICTION
                      IN ITS COMMERCIAL DIVISION

                 INTERIM APPLICATION (L) NO.4535 OF 2022
                                   IN
                   COMMERCIAL IP SUIT NO.466 OF 2021

 Linux Laboratories
 Linux Laboratories Private Limited                  ...Applicants/Original
                                                      Defendant Nos. 2 & 3
 In the Matter between

 Sun Pharma Laboratories Limited                     ...Plaintiff
           Versus
 Reltsen Health Care & Ors.,                         ...Defendants

                                  AND
                INTERIM APPLICATION (L) NO.26159 OF 2021
                                   IN
                   COMMERCIAL IP SUIT NO.466 OF 2021

 Sun Pharma Laboratories Limited                     ...Applicant/Plaintiff
           Versus
 Reltsen Health Care & Ors.,                         ...Defendants
                                        ----------
 Mr. Hiren Kamod a/w Mr. Vaibhav Keni, Ms. Neha Iyer, Mr. Rohan
 Lopes, Mr. Prem Khullar and Mr. Anees Patel i/b Legasis Partners,
 Advocates for Plaintiff.
 Mr. Chirag Modi, Counsel a/w Mr. Varun Nathani, Counsel a/w Mr.
 Ashok Purohit, Ms. Nikita Lad i/b Ashok Purohit & Co., Advocates for
 Defendant Nos. 2 & 3.
 Mr. Vijay Powar, Clerk-Representative of the Court Receiver present.
                                        ----------



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                   13-IA(L) 4535.2022 and IA (L) 26159.2021 in COMIP 466.2021.doc

                                       CORAM : R.I. CHAGLA, J.

                                       DATE    : 12TH JUNE, 2023.
ORDER :

1. The Interim Application (L) No.4535 of 2022 has been filed by the Defendant Nos. 2 and 3 under Order 39, Rule 4 of the Code of Civil Procedure, 1908 for vacation of the ex-parte ad-interim order.. The Plaintiff had secured the ex-parte ad-interim order dated 17th November, 2021 in Interim Application (L) No.26159 of 2021. The Interim Application filed by the Plaintiff is also at the state of hearing.

2. Accordingly, the Defendants shall file their reply to the Interim Application filed by the Plaintiff which shall be filed on or before 19th June, 2023.

3. Place the Interim Applications for hearing on 28th June, 2023 at 2.30 p.m.

4. The prior Ex-parte order shall continue to operate till next date.

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