Unichem Laboratories Ltd vs Hetero Healthcare Ltd. And Anr on 26 February, 2021

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Bombay High Court

Unichem Laboratories Ltd vs Hetero Healthcare Ltd. And Anr on 26 February, 2021

Bench: K.R.Shriram

                                                          1/16                             2.COMIP-23-2009.doc
           Digitally
           signed by
           Gauri A.
Gauri A.   Gaekwad
Gaekwad    Date:
           2021.02.26            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           18:26:35
           +0530
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                                          IN ITS COMMERCIAL DIVISION
                                        COMMERCIAL IP SUIT NO.23 OF 2009

                Unichem Laboratories Limited & Anr.                ....Plaintiffs
                          V/s.
                Hetero Healthcare Ltd. & Anr.           ....Defendants
                                                 ----
                Mr. Manish Saurastri a/w. Mr. Hardik Sampat i/b. Krishna and Saurastri
                Associates LLP for plaintiffs.
                Mr. Rashmin Khandekar a/w. Mr. Darshan Mehta and Ms. Prakruti Joshi i/b.
                M/s. Dhruve Liladhar and Company for defendants.
                                                 ----
                                                  CORAM : K.R.SHRIRAM, J.

DATED : 26th FEBRUARY 2021 P.C. :

1 Parties have entered into consent terms dated 25 th February 2021. The consent terms has been digitally signed by one Pradeep Bhandari for plaintiff no.1, one Vidyut Mankodi for plaintiff no.2 and one P.C. Khasgiwal for defendant nos.1 and 2 and their respective advocates. The signatures of defendants and their advocate is not in original.

Mr. Khandekar and Mr. Saurastri undertake to file the consent terms with the original signatures of Pradeep Bhandari, Vidyut Mankodi, P.C. Khasgiwal and M/s. Dhruve Liladhar and Company within two weeks from today. Undertaking accepted. Mr. Khandekar and Mr. Saurastri state that the signatories are present online but I am unable to see them. Both counsel state that they have seen them and that they are infact online. I take their word as correct.




                Gauri Gaekwad
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2               For ease of reference, the consent terms as tendered is scanned

and reproduced hereinbelow :




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3               Order in terms of the consent terms. All statements accepted as

undertakings to this Court. All undertakings are also accepted. 4 Suit stands decreed in terms of prayer clauses - (a) and (b). No order as to costs. Refund, if any, of court fees in accordance with rules. Interim application, if any, also stands disposed.


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5               I do not see the authority of Pradeep Bhandari to sign the

consent terms for plaintiff no.1 and the letter of authority in favour of Vidyut Mankodi for plaintiff no.2 does not authorise him to sign the consent terms. Therefore, plaintiff no.1 and plaintiff no.2 shall file authorisation of Pradeep Bhandari and Vidyut Mankodi on or before 3 rd March 2021 under advise to defendants. Unless these directions and the direction contained in paragraph 1 above are complied with, this consent terms shall not come into effect.

6 All to act on authenticated copy of this order.

(K.R. SHRIRAM, J.) Gauri Gaekwad

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