Delhi High Court - Orders
Sulphur Mills Limited vs Dharmaj Crop Guard Limited & Anr on 18 July, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 1225/2018
SULPHUR MILLS LIMITED ..... Plaintiff
Through: Mr. Hemant Singh, Ms. Mamta Jha,
Mr. Sanuj Das & Mr. Siddhant
Sharma, Advocates (M-9899844920)
versus
DHARMAJ CROP GUARD LIMITED & ANR. ..... Defendants
Through: Mr. Aditya Bhattacharya, Ms.
Vindhya S. Mani & Ms. Justina
Mathew, Advs. for D-1 (M-
8754405209)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 18.07.2022 I.A. 10928/2022 (for additional documents)
1. This is an application seeking to place on record the Joint Recommendation of the Opposition Board dated 28th June, 2022 in post grant opposition against IN 282429 and the copy of the file wrapper of IN 282429. Insofar as the second document is concerned, the present suit relates to the same patent and hence the file wrapper would be relevant. Thus, the same is taken on record subject to all the objections of the Defendant being left open.
2. Insofar as the Joint Recommendation of the Opposition Board under Rule 56(4) of the Patent Rules, 2003 is concerned, the same has been passed in respect of six post-grant oppositions filed by six separate companies to oppose the grant of IN 282429. Mr. Hemant Singh, ld. Counsel for the Plaintiff, on a query from the Court, submits that the final decision of the post-grant opposition is yet to be rendered by the Controller. The Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:00:36 Recommendations of the Opposition Board having now been placed before the Controller for decision, the same in any event would be a document which is in public domain. Since the document in question is a public document, the same is taken on record subject to the Defendants making their submissions in respect of the said opposition proceedings including the recommendations and the ensuing decision, if any.
3. Both the documents are taken on record. However, the averments in the application are being gone into at this stage.
4. I.A.10928/2022 is disposed of.
CS(COMM) 1225/2018 & CC(COMM) 9/2019
5. The interim application was decided by this Court vide order dated 2nd August, 2021 wherein the Court held that IN 282429 has gone through multiple levels of scrutiny and scrutiny and that it cannot be argued that the said patent is vulnerable. Today, the Court has been informed that one M/s Him Bio Agro has filed an appeal being FAO(OS) (COMM) 85/2022 titled Him Bio Agro v. Sulphur Mills Limited & Anr., challenging the said order. A second appeal being FAO(OS) (COMM) 114/2022 titled Dharmraj Crop Guard Limited v. Sulphur Mills Limited has also been filed by Defendant No.1. The Court has perused the two orders. There is no stay of the proceedings in the suit or in the counter claim.
6. In the opinion of the Court, the suit is ripe for framing of issues. Parties to bring their proposed issues on the next date of hearing after identifying the specific technical issues which arise in the matter.
7. List for framing of issues on 5th September, 2022.
PRATHIBA M. SINGH, J JULY 18, 2022/Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:00:36