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Vifor International Ltd & Anr vs Msn Laboratories Private Limited & Anr on 15 September, 2022

Author: Jyoti Singh

Bench: Jyoti Singh

                          $~22 & 23
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          22
                          +    CS(COMM) 261/2021
                                 VIFOR INTERNATIONAL LTD & ANR.             ..... Plaintiffs
                                              Through: Mr. Pravin Anand, Ms. Vaishali
                                              Mittal and Mr. Rohin Koolwal, Advocates.

                                                        versus

                                 MSN LABORATORIES PRIVATE
                                 LIMITED & ANR.                         ..... Defendants
                                               Through: Mr. J. Sai Deepak and Mr. Ankur
                                               Vyas, Advocates.
                          23
                          +      CS(COMM) 265/2021
                                 VIFOR INTERNATIONAL LTD & ANR.             ..... Plaintiffs
                                              Through: Mr. Pravin Anand, Ms. Vaishali
                                              Mittal and Mr. Rohin Koolwal, Advocates.

                                                        versus

                                 DR REDDYS LABORATORIES LIMITED        ..... Defendant
                                              Through: Mr. J. Sai Deepak and Mr. Ankur
                                              Vyas, Advocates.
                                 CORAM:
                                 HON'BLE MS. JUSTICE JYOTI SINGH
                                                        ORDER

% 15.09.2022 I.A. 11313/2022 (under Order 11 Rule 1(5) r/w Section 151 CPC, by Plaintiffs) in CS(COMM) 261/2021

1. Present application has been preferred on behalf of the Plaintiffs for taking on record an affidavit of evidence sworn by Sir Robin Jacob along with certain documents filed on 26.05.2022. It is averred in the application Signature Not Verified Digitally Signed CS(COMM) 261/2021 and connected matter Page 1 of 3 By:KAMAL KUMAR Signing Date:28.09.2022 21:16:52 that this Court can take judicial notice of any fact if it is supported by a Book or Document. It is also stated that the opinion rendered by Sir Jacob in the affidavit would be a relevant fact in the present case and help in its adjudication with respect to interpretation of product claims as set in the format of claim 1 of IN'536.

2. Issue notice.

3. Mr. Ankur Vyas, learned counsel accepts notice on behalf of the Defendants and submits that he has no objection to the application being allowed.

4. For the reasons stated in the application and in view of the no objection by the Defendants, the same is allowed. Documents filed on 26.05.2022 including the affidavit of Sir Robin Jacob are taken on record.

5. Application stands disposed of.

I.A. 12841/2022 (under Order 11 Rule 1(10) r/w Section 151 CPC, by Defendants) in CS(COMM) 261/2021

6. By way of the present application, Defendants seek to bring on record additional documents filed on 02.08.2022.

7. Issue notice.

8. Ms. Vaishali Mittal, learned counsel accepts notice on behalf of the Plaintiffs and submits that she has no objection to the application being allowed.

9. For the reasons stated in the application and in view of the no objection by the Plaintiffs, the application is allowed and the documents are taken on record.

10. Application stands disposed of.

I.A. 7037/2021 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs) and 7041/2021 (under Order 11 Rule 2 as amended by Commercial Courts Act, 2015 r/w Section 151 CPC, by Plaintiffs) in CS(COMM) 261/2021 I.A. 7138/2021 (under Order 39 Rules 1 and 2 CPC, by Plaintiffs), 7142/2021 (under Order 11 Rule 2 as amended by Commercial Courts Act, 2015 r/w Section 151 CPC, by Plaintiffs) I.A. 10290/2021 (under Order 39 Rule 2A r/w Section 151 Contempt of Courts Act, by Plaintiffs) List on 22.09.2022.

JYOTI SINGH, J SEPTEMBER 15, 2022/sn/shivam Signature Not Verified Digitally Signed CS(COMM) 261/2021 and connected matter Page 3 of 3 By:KAMAL KUMAR Signing Date:28.09.2022 21:16:52