Delhi High Court - Orders
Boehringer Ingelheim Pharma Gmbh And Co ... vs Alkem Laboratories Ltd & Anr on 18 August, 2022
Author: Jyoti Singh
Bench: Jyoti Singh
$~22 to 25, 28 & 29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
22
+ CS(COMM) 236/2022 & I.A. 5801/2022
BOEHRINGER INGELHEIM PHARMA
GMBH AND CO KG & ANR. ..... Plaintiffs
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
ALKEM LABORATORIES LTD & ANR. ..... Defendants
Through: Ms. Bitika Sharma, Mr. Adarsh
Ramanujan, Mr. Vikram Singh Dalal and Mr.
Skanda Shekhar, Advocates.
23
+ CS(COMM) 237/2022 & I.A. 5806-09/2022
BOEHRINGER INGELHEIM PHARMA
GMBH AND CO KG & ANR. ..... Plaintiffs
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
MICRO LABS LIMITED ..... Defendant
Through: Mr. Guruswamy Nataraj, Mr. Ankur
Vyas and Mr. Avinash Sharma, Advocates.
CS(COMM) 236/2022 & connected matters Page 1 of 6
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:26.08.2022
14:57:51
24
+ CS(COMM) 238/2022 & 5811-14/2022
BOEHRINGER INGELHEIM PHARMA
GMBH AND CO KG & ANR. ..... Plaintiffs
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
NATCO PHARMA LIMITED & ANR. ..... Defendants
Through: Mr. J. Sai Deepak, Mr. Guruswamy
Nataraj, Mr. Ankur Vyas, Mr. Avinash Sharma
and Mr. Shashikant Yadav, Advocates for D-1.
Mr. Guruswamy Nataraj, Mr. Ankur Vyas,
Mr. Avinash Sharma and Mr. Shashikant Yadav,
Advocates for D-2.
25
+ CS(COMM) 296/2022 & I.A. 7109-7114/2022, 11729/2022
BOEHRINGER INGELHEIM PHARMA
GMBH AND CO. KG AND ANR. ..... Plaintiffs
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
MANKIND PHARMA LIMITED ..... Defendant
Through: Ms. Bitika Sharma and Mr. Vikram
Singh, Advocates.
CS(COMM) 236/2022 & connected matters Page 2 of 6
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:26.08.2022
14:57:51
28
+ CS(COMM) 239/2019, CCP(O) 82/2019 & I.A. 6797/2019,
9272/2019, 2042/2020, 2044/2020
BOEHRINGER INGELHEIM
PHARMA GMBH & CO. KG, ..... Plaintiff
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
VEE EXCEL DRUGS AND
PHARMACEUTICALS PRIVATE LTD. & ORS. ..... Defendants
Through: None.
29
+ CS(COMM) 240/2019, CCP(O) 81/2019, I.A. 6802/2019, 9277/2019
2036/2020, 2038/2020
BOEHRINGER INGELHEIM PHARMA
GMBH & CO. KG & ANR. ..... Plaintiffs
Through: Mr. Sandeep Sethi, Senior Advocate
with Dr. Sanjay Kumar, Ms. Arpita Sawhney,
Mr. Arun Kumar Jana, Ms. Meenal Khurana,
Mr. Harshit Dixit and Mr. Priyansh Sharma,
Advocates.
versus
VEE EXCEL DRUGS AND PHARMACEUTICALS
PRIVATE LTD. & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 18.08.2022 CS(COMM) 236/2022 & connected matters Page 3 of 6 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:26.08.2022 14:57:51 I.A. 12918/2022 (for condonation of delay, by Defendants in CS(COMM) 236/2022
1. Present application has been preferred on behalf of the Defendants seeking condonation of delay in filing written statement.
2. Issue notice.
3. Ms. Arpita Sawhney, learned counsel accepts notice on behalf of the Plaintiffs.
4. It is submitted that though there is a delay of 88 days in filing the written statement but the delay is within the outer limit of 120 days, which is the condonable period.
5. For the reasons stated in the application, the same is allowed.
6. Delay of 88 days in filing the written statement is condoned.
7. Written statement is taken on record.
8. Application stands disposed of.
I.A. 12927/2022, 12928/2022, 12931/2022 (for condonation of delay in filing replies, by Defendants) in CS(COMM) 236/2022
9. Present applications have been preferred on behalf of the Defendants seeking condonation of delay of 88 days in filing replies to I.A. Nos.5803/2022, 5802/2022 and 5804/2022.
10. Issue notice.
11. Ms. Arpita Sawhney, learned counsel accepts notice on behalf of the Plaintiffs.
12. For the reasons stated in the applications, the same are allowed.
13. Delay of 88 days in filing replies is condoned.
14. Replies are taken on record.
15. Applications stand disposed of.
CS(COMM) 236/2022 & connected matters Page 4 of 6 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:26.08.2022 14:57:51CS(COMM) 236/2022 & I.A. 5802/2022 (under Order 26 Rule 9 and Order 39 Rule 7 CPC), 5803/2022 (for discovery, by Plaintiffs) and 5804/2022 (for directions, by Plaintiffs)
16. Replication and rejoinders be filed by the Plaintiffs as per rules.
17. Counter claim is filed on behalf of the Defendants.
18. The Registry is directed to register the counter claim as a separate suit.
19. Written statement in the counter claim be filed as per law.
20. List for hearing on 25.08.2022.
I.A. 12846/2022 (for condonation of delay, by Defendant in CS(COMM) 237/2022
21. Present application has been preferred on behalf of the Defendant seeking condonation of delay in filing written statement.
22. Issue notice.
23. Ms. Arpita Sawhney, learned counsel accepts notice on behalf of the Plaintiffs.
24. It is submitted that though there is a delay of 85 days in filing the written statement but the delay is within the outer limit of 120 days, which is the condonable period.
25. For the reasons stated in the application, the same is allowed.
26. Delay of 85 days in filing the written statement is condoned.
27. Written statement is taken on record.
28. Application stands disposed of.
CS(COMM) 237/2022
29. Replication be filed by the Plaintiffs as per rules.
30. List for hearing on 25.08.2022.
CS(COMM) 236/2022 & connected matters Page 5 of 6 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:26.08.2022 14:57:51CS(COMM) 238/2022
31. Mr. G. Nataraj, learned counsel for the Defendants submits that an application seeking condonation of delay in filing written statement has been filed which is diarised but has not been listed today.
32. Mr. Sandeep Sethi, learned Senior Counsel for the Plaintiffs, very candidly, on instructions, submits that since the delay is within the condonable period, he has no objection and on an oral prayer, the delay may be condoned.
33. Accordingly, the delay in filing written statement being within the permissible condonable period is condoned.
34. Written statement is taken on record.
35. Replication be filed by the Plaintiffs as per rules.
36. List for hearing on 25.08.2022.
CS(COMM) 296/2022, CS(COMM) 239/2019 and CS(COMM) 240/2019
37. List for hearing on 25.08.2022.
JYOTI SINGH, J AUGUST 18, 2022/shivam CS(COMM) 236/2022 & connected matters Page 6 of 6 Signature Not Verified Digitally Signed By:KAMAL KUMAR Signing Date:26.08.2022 14:57:51