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[Cites 9, Cited by 0]

Delhi High Court - Orders

Xx vs Yy on 6 October, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~40
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 1067/2025
                                    XX                                                                      .....Plaintiffs
                                                                  Through:            Mr. Hemant Singh, Ms. Mamta Jha,
                                                                                      Mr. Siddhant Sharma, Mr. Abhay
                                                                                      Tandon and Mr. Shreyansh Gupta,
                                                                                      Advocates

                                                                  versus

                                    YY                                                                              .....Defendants
                                                                  Through:            None

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                            ORDER

% 06.10.2025 I.A. 24831/2025(Under Order I Rule 10 CPC)

1. This is an application on behalf of the plaintiffs under Order I Rule 10 of Code of Civil Procedure, 1908 ('CPC') along with supporting affidavit for impleading further entities who are identified indulging in activities similar to defendant nos. 2 to 4.

2. This application is kept pending and will be taken up for consideration at an appropriate stage.

I.A. 24830/2025(Application under Section 151 of CPC to mask the identities of the parties)

3. The Plaintiffs apprehend the failure of the Local Commission if the identity of the Defendant is revealed and has requested masking of identities of parties, till the filing of the report of the Local Commissioner in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.

CS(COMM) 1067/2025 Page 1 of 18

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48

4. Exemption is granted, subject to all just exceptions.

5. Accordingly, the application stands disposed of. I.A. 24829/2025(For exemption from dividing the documents in Part-IV in volumes)

6. Exemption is granted, subject to all just exceptions.

7. Accordingly, the application stands disposed of. I.A. 24828/2025(For exemption from filing certain documents)

8. Subject to the Plaintiff filing the certain documents, which may be found to be dim, photocopy, or not of appropriate font size or lacking the prescribed margins along with supporting affidavit sought to be relied upon within four (4) weeks from today, exemption is granted for the present.

9. The application is disposed of.

I.A. 24827/2025(for filing electronic records in a compact disk)

10. This application under Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 read with Section 151 CPC has been filed by the Plaintiffs seeking permission to place on record CD containing electronic evidence of the complete unredacted WhatsApp chat conversations between the Investigator and Defendant No. 2 and 3.

11. The Plaintiffs is directed to file the CD in accordance with Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018.

12. Registry may receive the electronic record on CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained in the CD be placed in the electronic record in a format which is non-editable, so that the same can be viewed by the Court during the hearing.

13. With the aforesaid directions, this application stands disposed of.

CS(COMM) 1067/2025 Page 2 of 18

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 I.A. 24826/2025 (For exemption from filing the pleadings with the seal of the company)

14. The Plaintiffs have filed this application seeking exemption from filing the pleadings in the present suit with the seal of companies of the Plaintiffs.

15. Learned counsel for the Plaintiffs states that he seeks liberty to withdraw this application; as it has been inadvertently filed. He states that the seal of the Plaintiffs has been affixed on the pleadings and documents as per Rules.

16. The application is dismissed as withdrawn.

I.A. 24825/2025(Under Order XI Rule 1 (4) CPC)

17. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 ('Commercial Courts Act')] read with Section 151 CPC, within thirty (30) days.

18. The Plaintiffs, if they wish to file additional documents will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ('DHC Rules').

19. For the reasons stated in the application, the same is allowed.

20. Accordingly, the application is disposed of.

I.A. 24824/2025(Under Order XI Rules 2 and 5 CPC)

21. This is an application filed under Order XI Rules 2 and 5 of CPC read with Rule 17 of the Delhi High Court Intellectual Property Rights Division Rules, 2022 and Section 151 of CPC seeking discovery by interrogatories and production of documents along with supporting affidavit.

CS(COMM) 1067/2025 Page 3 of 18

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48

22. On the Plaintiffs taking requisite steps, issue notice to Defendant Nos. 1 to 4.

23. This Court has perused Form No. 2 attached with the application and is satisfied that the interrogatories set out therein will assist in shortening the trial. The defendants are directed to answer the interrogatories set out in Form No. 2.

24. With respect to the prayer for production of documents enlisted in Form 1, defendants are directed to file reply, if any, within a period of four (4) weeks.

25. Rejoinder thereto, if any, be filed within a period of four (4) weeks thereafter.

26. List before the learned Joint Registrar (J) on 04.11.2025. I.A. 24823/2025(for seeking exemption from pre-institution mediation)

27. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 of CPC filed by the plaintiff seeking exemption from instituting pre-litigation mediation.

28. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the plaintiff.

29. Accordingly, the application stands disposed of. I.A. 24822/2025(seeking exemption from advance service)

30. In view of the fact that the Plaintiffs has sought an ex-parte ad-interim injunction along with the appointment of a Local Commissioner, the 1 (2024) 5 SCC 815 CS(COMM) 1067/2025 Page 4 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 exemption from effecting advance service upon the Defendants is granted.

31. Accordingly, the application stands disposed of. CS(COMM) 1067/2025

32. The present suit has been filed on behalf of the Plaintiffs seeking relief of permanent injunction restraining the Defendants from infringing the Indian Patent bearing No. 419280 titled 'Benzamide Derivates for Inhibiting the Activity of ABL1, ABL2 and BCR-ABL1', along with other ancillary reliefs (suit patent IN'280).

33. Let the plaint be registered as a suit.

34. Summons be issued to the defendant nos. 1 to 4 by all permissible modes on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.

35. The summons shall indicate that the written statements must be filed within thirty (30) days from the date of receipt of the summons. The Defendants shall also file affidavits of admission/denial of the documents filed by the Plaintiffs, failing which the written statements shall not be taken on record.

36. The Plaintiffs are at liberty to file replications thereto within thirty (30) days after filing of the written statements. The replications shall be accompanied by affidavits of admission/denial in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.

37. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

38. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

CS(COMM) 1067/2025 Page 5 of 18

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48

39. List the matter before the Joint Registrar (J) on 04.11.2025.

40. List the matter before the Court on 24.03.2026. I.A. 24820/2025(Under Order XXXIX Rule 1 and 2 CPC)

41. This is an application under Order XXXIX Rules 1 and 2 read with Section 151 of CPC along with supporting affidavit.

42. Vide the present application, the Plaintiffs seek grant of an ex-parte ad- interim injunction restraining the Defendant nos. 1 to 4 from infringement of its patent.

43. Mr. Hemant Singh, learned counsel sets out the Plaintiffs' case as under:

44.1. The Plaintiff No. l, Novartis A.G. is a company incorporated under the laws of Switzerland, having its registered office at Basel, Switzerland. The Plaintiff no.2, Novartis Healthcare Private Limited, is a company incorporated under the Companies Act, 1956 having its registered office at Bandra (East), Mumbai - 400518.

44.2. The suit patent IN'280 relates to compounds capable of inhibiting the tyrosine kinase enzymatic activity of the Abelson protein ('ABL1'), the Abelson-related protein (ABL2) and related chimeric proteins, in particular BCR-ABL1, a process for the preparation of compounds, pharmaceutical preparations comprising such compounds and methods of using such compounds in the treatment of cancers.

44.3. The Plaintiff No. 1 filed the suit patent as Indian Patent Application No. 9758/DELNP/2014 on 18.11.2014 as National Phase Entry of Patent Cooperation Treaty ('PCT') International Application No. PCT/IB2013/053768 dated 09.05.2013 claiming priority from US Provisional Application No. 61/647,174 dated 15.05.2012 and US Provisional CS(COMM) 1067/2025 Page 6 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 Application No. 61/790,967 dated 15.03.2013. The bibliographic details of the suit patent IN'280 are tabulated herein below.

                                        Indian Patent No.                              419280
                                        Indian Patent Application No.                  9758/DELNP/2014
                                        Priority Details                               US Provisional Application          No.
                                                                                       61/647,174 dated 15.05.2012
                                                                                       US Provisional Application          No.
                                                                                       61/790,967 dated 15.03.2013
                                        PCT Application No.                            PCT/IB2013/053768
                                        International Filing Date                      09.05.2013
                                        International Publication No.                  WO2013/171639
                                        Filing Date        of    National     phase    18.11.2014
                                        Application
                                        Date of Publication u/s 11A                    22.04.2016
                                        First Examination Report (FER)                 24.09.2018
                                        Response to FER                                19.03.2019
                                        Hearing before Controller of Patents u/s       20.12.2022
                                        14
                                        Date of Grant                                  25.01.2023
                                        Date of Publication u/s 43(2)                  03.02.2023
                                        Date of Expiry                                 09.05.2033

44.4. The suit patent IN'280 protects the novel and inventive compound ASCIMINIB and its pharmaceutically acceptable salts which addresses resistance in chronic myeloid leukaemia (CML) and other BCR-ABL-driven diseases. This compound is used for treating CML patients and potentially useful for patients suffering from diseases such as acute lymphoblastic leukaemia.

44.5. ASCIMINIB is a New Chemical Entity ('NCE') and which has been given the said International Non-Proprietary Name ('INN') by the World Health Organization ('WHO').

44.6. ASCIMINIB is a tautomer compound and, depending on the naming convention used, is identified by any of several equally accepted or CS(COMM) 1067/2025 Page 7 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 recognized chemical names given below: -

Chemical Names:
N-[4-(chlorodifluoromethoxy) phenyl]-6-[(3R)-3- hydroxypyrrolidin-1-yl]-5-(1H-pyrazol-3-yl) pyridine-3- carboxamide (as per WHO, USAN Publication) (R)-N-(4-(chlorodifluoromethoxy) phenyl)-6-(3-

hydroxypyrrolidin-1-yl)-5-(1H-pyrazol-5-yl) nicotinamide (as per claim 9 and example 9 of the suit patent IN'280) Molecular Formula:

C20H18ClF2N5O3 Molecular structure:
(Reference: WHO Drug Information, Vol.31, No.1, 2017, and USAN publication) (Reference: Example 9 of the suit patent IN'280) Copies of WHO, USAN and Merck Index publications showing chemical structure and International Non-Proprietary Name (INN) of ASCIMINIB have been placed on record.
44.7. It is stated that the Defendants are collectively involved in facilitating CS(COMM) 1067/2025 Page 8 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 the sale in India of infringing ASCIMINIB 40mg tablets under the brand name LUCIASC which is manufactured by Defendant No.1 (hereinafter 'infringing product'), through various modes and at different points of sale (i.e., either online or offline channels). The Defendants are acting at different levels of the manufacture and supply chain of infringing product and are engaging in the violation of the sole and exclusive statutory rights of Plaintiff No.1 in India.

44.8. Defendant No.1 in concert with Defendant Nos.2 to 4 has commercially launched in the Indian market its infringing product, which are drug compositions protected vide the suit patent IN'280. The Plaintiffs' online due diligence and investigator's report dated 22.09.2025 reveal the following:

a. Defendant No.1, Lucius Pharmaceuticals Co., Ltd., is based in Laos and operates in India through its website (https://lucius- pharmaceuticals.com/), which is accessible in Delhi. The Defendant No.1 is commercially manufacturing the infringing product in Laos and commercially selling, using, offering for sale/supply the same in India through its website and also in concert with Defendant Nos.2 to
4. Screenshots from Defendant No.1's website (https://lucius-

pharmaceuticals.com/drug/asciminib/) showing the infringing product are provided below:

CS(COMM) 1067/2025 Page 9 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 b. Defendant No.2, D.G Pharma, having its principal place of business at 6/331, Link Pusta Road, Geeta Colony Anshu Medicos, New Delhi- 110031, Delhi, India is an Indian distributor of Defendant No.1 and is actively offering for sale and supply of the infringing product in Delhi. Plaintiffs submits that pursuant to the investigator's enquiry regarding infringing product on WhatsApp Messenger (WhatsApp), the Defendant No.2 offered to sell and supply the infringing product in Delhi at a price of INR 33,000 per bottle (60 tablets). The investigator purchased infringing product from Defendant No.2 in Delhi, however without an invoice. The relevant screenshots are given below:
CS(COMM) 1067/2025 Page 10 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 c. Defendant No.3, Virocare Healthcare, having its principal place of business at Block-G/346, Third Floor, Sumel-6, Jupiter Mill Compound, Dudheshwar Road, Ahmedabad-380004, Gujarat, India is an Indian distributor of Defendant No.1 and is actively offering for sale and supply the infringing product in Delhi. Plaintiffs submits that pursuant to the investigator's enquiry regarding infringing product on IndiaMart, Defendant No.3 contacted the investigator directly on WhatsApp offering to sell and supply infringing product in Delhi at a price of INR 30,100 per bottle (60 tablets) and was sold to investigator without an invoice.
d. Defendant No.4, DDK Healthcare, having its principal place of business at First Floor, 109 Plot No. 14 LSC, Vardhaman Plaza, Mayur CS(COMM) 1067/2025 Page 11 of 18 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 Vihar Phase 2, New Delhi, 110091 is an Indian distributor of the Defendant No.1 and is offering for sale and supply of infringing product in Delhi on IndiaMart, screenshots whereof are given below:
44.9. The Plaintiffs have not granted any license, permission, authorization of any nature to enable any of the Defendants to manufacture, use, offer for sale, sell or supply ASCIMINIB products in India.
44. In view of the aforesaid, an ex parte ad interim injunction may be passed in favour of the Plaintiffs.
45. This Court has heard the learned counsel for Plaintiffs as well as perused the documents on record.
46. In the facts of this case, a bare perusal of listings and offer for sale/supply qua the impugned product of Defendant No. 1, LUCIASC by Defendant Nos.2 to 4 on WhatsApp and IndiaMart reveals that the impugned goods/medicines comprise the compound 'ASCIMINIB', qua which the Plaintiff No.1 has a valid patent registration granted by the Indian Patent Office on 25.01.2023, which is valid and subsisting till date.
47. Learned counsel for the Plaintiff relies on an order of the Coordinate CS(COMM) 1067/2025 Page 12 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 Bench dated 30.05.2025 passed in CS(COMM) 575/2025 titled as Novartis AG vs. Everest Pharmaceuticals Limited &Ors. wherein the Plaintiffs are the same in the captioned suit claiming the infringement of the same patented compound, and the Coordinate Bench has passed an ex-parte ad-interim injunction in favour of the Plaintiffs.

48. In view thereof as also since this Court on the basis of the material placed before it is in agreement with the averments and assertions made by the Plaintiffs in the plaint as also the submissions made by the learned counsel for the Plaintiffs, the Plaintiffs have made out a prima facie case with the balance of convenience for grant of an ad interim ex-parte injunction in their favour and against the Defendants. The Defendants, if not restrained by way of an ad-interim ex-parte injunction will lead to the Plaintiffs suffering irreparable harm, loss, injury and prejudice.

49. Accordingly, till the next date of hearing: -

50.1. The Defendants, their directors, group company, associates, divisions, assigns in business, licensees, franchisees, agents, distributors and dealers and all others acting for and on their behalf are restrained from using, importing, selling, offering for sale/supply either by way of promotion or tender or any other means, exporting, through liaising with medical practitioners and/or through offline or online channels, including but not limited to https://www.indiamart.com/, directly or indirectly dealing in any pharmaceutical drug product including ASCIMINIB by itself or in salt or crystalline or any other form, alone or in combination with any other compound either in an active pharmaceutical ingredient (API) or as any other drug formulation including ASCIMINIB Hydrochloride or as dosage or in any other form, as may amount to infringement of Indian Patent No. 419280 of CS(COMM) 1067/2025 Page 13 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 the Plaintiff No.1, in India.

50.2. The Plaintiff is granted liberty to approach the e-commerce platform of https://www.indiamart.com/ for removal of listing of the specific URLs identified and enlisted at prayer clause (b).

50. Issue notice to the defendants through all permissible modes, upon filing of process fees, returnable on the next date of hearing.

51. Let the reply to this application be filed within a period of four (4) weeks, from receipt of notice.

52. Rejoinder thereto, if any, be filed within a period of four (4) weeks thereafter.

53. In view of the fact that the Plaintiffs have sought appointment of a Local Commissioner to seize the infringing product, the very purpose of grant of ex-parte ad interim injunction would be defeated if the Defendants are given notices contemplated in Order XXXIX Rule 3 of CPC prior to the execution of the commission. Hence, it is directed that the Plaintiffs shall serve notice under Order XXXIX Rule 3 of CPC at the time of execution the Local Commissioner, which shall not be later than two (2) weeks from today. Affidavit of service be filed within three (3) weeks.

54. List the matter before the Joint Registrar (J) on 04.11.2025.

55. List the matter before the Court on 24.03.2026. I.A. 24821/2025(for appointment of Local Commissioner)

56. The present application has been filed by the Plaintiffs under Order XXVI Rule 9 read with Section 151 CPC seeking appointment of a Local Commissioner.

57. The Court has considered the merits of the Plaintiffs' case and has granted an ad-interim ex parte injunction as recorded above in I.A. CS(COMM) 1067/2025 Page 14 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 24820/2025 under Order XXXIX Rule 1 & 2 of the CPC. Accordingly, in order to ensure that the injunction is fully complied with, it is deemed appropriate to appoint Local Commissioners to visit the Defendants' premises at the following addresses:

                                   Sr. No.           Particulars                                   Name of the Local
                                                                                                   Commissioner
                                          1.         Defendant No. 2                               Ms. Chand Chopra, (D-995/2012;
                                                                                                   Mob. No. 9915907494)
                                                     (D.G PHARMA) 6/331, Link Pusta
                                                     Road, Geeta Colony Anshu Medicos,
                                                     New Delhi-110031, Delhi, India
                                          2.         Defendant No. 3                               Mr. Mohit Tiwari, Advocate (Mob.
                                                                                                   No. (D-882/2014; Mob. No.
                                                     (VIROCARE HEALTHCARE) E-445,                  9810135177)
                                                     4th Floor Sumel-11, Nr. Namaste
                                                     Circle,    Shahibaug, Ahmedabad,
                                                     Gujarat, 380004
                                          3.         Defendant No. 4                               Ms. Fareha Ahmed Khan (D-
                                                                                                   1872/2007; Mob. No. 9810644877)
                                                     (DDK HEALTHCARE) First Floor,
                                                     109 Plot No. 14 LSC, Vardhaman
                                                     Plaza, Mayur Vihar Phase 2, New
                                                     Delhi, 110091, India

58. The mandate of the Local Commissioner is as under:

i. The Local Commissioner shall conduct a search at the Defendant Nos. 2 to 4's premises to inspect and seize any Impugned Drug or Drug Products (including unfinished/ semi-finished Drugs), i.e. the Drugs containing the compound ASCIMINIB and/or ASCIMINIB HYDROCHLORIDE API in any form which may be found at the premises of the said Defendants.
ii. The Local Commissioner is permitted to seize the Impugned Drugs at the above premises and if knowledge is acquired of any other premises where the pharmaceutical drug product could be stored by the named Defendant Nos. 2 to 4, the Local Commissioner is free to record the same and then visit the other premises and conduct a seizure there as well;
iii. The Local Commissioner shall make an inventory of all the Impugned Drugs or Drug Products (including unfinished/ semi-
CS(COMM) 1067/2025 Page 15 of 18
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 finished goods) containing the compound ASCIMINIB and/or ASCIMINIB HYDROCHLORIDE API in any form available at the aforesaid premises.
iv. The Local Commissioner shall also obtain the details as to since when Impugned Drug are being used, manufactured, exported, and being offered for sale/ supply.
v. After preparation of the inventory, the Impugned Drug or Drug Products shall be released to the Defendants on superdari. The monetary value of the stock shall also be ascertained;
vi. The Defendants and its representatives are directed to provide full assistance to the Local Commissioner for executing the present commission.
vii. The Local Commissioner is also permitted to break open the locks, with police help, if access to the premises where the Impugned Drugs or Drug Products containing the compound ASCIMINIB and/or ASCIMINIB HYDROCHLORIDE API have been stocked/manufactured, is denied to the Commissioner;
viii. Upon being requested, the concerned SHO at Delhi and Commissioner of Police/Superintendent of Police at Ahmedabad shall render necessary cooperation for execution of the Commission, as per this order;
ix. The Local Commissioner is permitted to take photographs and video graphs of the proceedings of the Commission, if it is deemed appropriate. Two representatives of the Plaintiffs, which would include a lawyer, are permitted to accompany the Local Commissioner;
x. The Local Commissioner shall obtain accounts including ledgers, stock registers, invoice books, receipt books, cash books, purchase and sale records and any other books of record or commercial transactions kept at the premises of the Defendant, and take photocopy and/or record of all such transactions that pertain to the Impugned Drugs seized, if any. The Defendant shall cooperate and give passwords to the computers and the files containing the CS(COMM) 1067/2025 Page 16 of 18 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 accounts, if the same is stored on the computer or a specific software;
xi. The Local Commissioner shall take a sample of the Impugned Drugs or Drug Products containing the compound ASCIMINIB and/or ASCIMINIB HYDROCHLORIDE API, which may be lying or stocked or stored for sale in the above-mentioned premises for submitting before this Court along with the report.
xii. The Local Commissioner, while executing the Commission, shall ensure that there is no disruption to the business of the Defendant, except for the purposes of the execution of the Commission. The Commission shall be executed in a peaceful manner.

59. The order passed today, shall not be uploaded for a period of two (2) weeks for enabling the execution of the commissions.

60. The Local Commissions shall be executed within two (2) weeks. The report of the Local Commissioners shall be filed within two (2) weeks thereafter.

61. The fees of each of the Local Commissioner appointed for Delhi is fixed at Rs. 2,00,000/- only excluding out-of-pocket expenses, travelling, lodging etc. The fee of the Local Commissioner appointed for Ahmedabad is fixed at Rs. 2,50,000/- only excluding out-of-pocket expenses, travelling, lodging etc. All the aforesaid expenses shall be borne by the Plaintiffs and paid in advance to the Local Commissioner named hereinabove.

62. In terms of the foregoing, the present application stands disposed of.

63. Either the learned counsel for the Plaintiffs or the learned Local Commissioner is directed to collect certified copy of this order from the Registry (Dispatch Branch) before for execution of the Commission.

64. The learned Local Commissioner shall carry the certified copy of this CS(COMM) 1067/2025 Page 17 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48 Order for execution of the Commission and a copy of the same shall be served upon the Defendants by the learned Local Commissioner at the time of the execution of the Commission.

65. Copy of this order to be given dasti under the signatures of the Court Master.

MANMEET PRITAM SINGH ARORA, J OCTOBER 6, 2025/rhc CS(COMM) 1067/2025 Page 18 of 18 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2025 at 21:50:48