Calcutta High Court
Sun Pharma Laboratories Ltd vs Midley Pharmaceuticals Limied on 28 January, 2015
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA 128 of 2015
With
CS 317 of 2002
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
SUN PHARMA LABORATORIES LTD.
Versus
MIDLEY PHARMACEUTICALS LIMIED
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 28th January, 2015.
Mr.K.K.Pandey, Adv.
Mr.P.Sinha, Adv.
Ms.D.Adhikari, Adv.
The Court: This is an application for examination of the witness of the plaintiff on Commission.
On the application being moved learned Counsel for the defendant submits that, they should also be afforded an opportunity to adduce evidence on Commission. The parties agree that, their respective witnesses be examined on Commission. Mr.Amitava Das, Advocate is appointed as the Commissioner for such purpose. The parties will produce their witnesses and adduce evidence before the Commissioner appointed. The parties agree that the Commission will commence on and from March 2, 2015 and will continue on a day-to-day basis during the Court hours commencing from at 10.30 A.M. and will continue during 2 the Court hours every day except Saturdays and Sunday s and Court holidays until the conclusion thereof. The parties agree that, a two day gap may be given between completion of the examination of the witness of the plaintiff and the commencement of the witness action of the defendant. The Commissioner will provide such accommodation.
The parties will bear the costs of the Commission. The plaintiff will give all assistance to the Commissioner while its witness is being examined and cross-examined. Likewise the defendant will extend all cooperation to the Commissioner in completing the witness action of its witnesses. The parties agree that, the Commissioner will be paid a consolidated remuneration of 4000 GMs to be shared by the parties equally.
In such circumstances, GA No.128 of 2015 is allowed with the aforesaid direction. No order as to costs.
CS No.317 of 2002 will appear in the monthly list of April, 2015 when the learned Commissioner will submit his report. If required, the learned Advocate-on-Record for the plaintiff is at liberty to obtain the original records of the suit after issuing a valid receipt in respect thereof to the Registrar, Original Side and to resubmit the same at the time of submission of the report by the Commissioner.
(DEBANGSU BASAK, J.) dg2