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Delhi High Court - Orders

Natco Pharma Limited vs Bayer Pharmaceutical Corporation And ... on 25 April, 2023

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~18
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      C.O.(COMM.IPD-PAT) 63/2022
                                 NATCO PHARMA LIMITED                                  ..... Petitioner
                                                   Through:    Mr. G. Nataraj, Mr. Shashikant Yadav
                                                               and Mr. Rahul Bhujbal, Advocates.

                                                   versus

                                 BAYER PHARMACEUTICAL CORPORATION AND ANR
                                                                          ..... Respondents
                                             Through: Mr. Pravin Anand and Ms. Richa
                                                      Bhargava, Advocates.
                                                      Mr. Harish Vaidyanathan Shankar,
                                                      CGSC with Mr. Srish Kumar Mishra,
                                                      Mr. Sagar Mehlawat and Mr.
                                                      Alexander     Mathai        Paikaday,
                                                      Advocates.


                                 CORAM:
                                 HON'BLE MR. JUSTICE SANJEEV NARULA
                                                 ORDER

% 25.04.2023 I.A. No. 6164/2023 (u/Section 30 r/w Section 151 of the Code of Civil Procedure, 1908)

1. Since IPAB orders are not available with Petitioner, the instant application has been filed seeking leave to file an affidavit regarding the same. Further, directions are sought to Department for Promotion of Industry and Internal Trade [hereinafter "DPIIT"] for production of IPAB orders.

2. Considering the above, the instant application is allowed with the Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.04.2023 19:39:04 following directions:

(i) Petitioner is permitted to file an affidavit regarding IPAB orders, and as and when they are made available, they are permitted to be filed on record.
(ii) DPIIT is directed to produce the orders and other related materials of IPAB Case No. ORA/41/2014/Petitioner/DEL within a period of four weeks from today.

3. Disposed of.

SANJEEV NARULA, J APRIL 25, 2023 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:25.04.2023 19:39:04