Affidavits, Physical Form Of Suit ... vs Torrent Pharmaceuticals Ltd on 14 August, 2020

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Delhi High Court - Orders

Affidavits, Physical Form Of Suit ... vs Torrent Pharmaceuticals Ltd on 14 August, 2020

Bench: Mukta Gupta

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(COMM) 323/2020
      I.A. 6931/2020 (under Order XXXIX Rule 1 and 2 CPC)
      I.A. 6932/2020 (under Order XI Rule 1 (4) Commercial Courts Act)
      I.A. 6933/2020 (exemption from filing original documents, notarised
      affidavits, physical form of suit papers)
      I.A. 6934/2020 (under Order XI Rule 2 Commercial Courts Act -
      seeking interrogatories)

      ASTRAZENECA AB & ANR.                         ..... Plaintiff
              Represented by: Mr.Pravin Anand, Advocate with
                              Ms.Vaishali Mittal, Advocate.

                         versus

      TORRENT PHARMACEUTICALS LTD.                   ...... Defendant
               Represented by: Mr.Sandeep Sethi, Sr. Advocate with
                               Mr.Afzal Badr Khan,
                               Mr.S.Majumdar, Ms.Suhrita
                               Majumdar, Mr.Dominic Alvares and
                               Mr.Samik Mukherjee, Advocates

      CORAM:
      HON'BLE MS. JUSTICE MUKTA GUPTA
                         ORDER

% 14.08.2020 The hearing has been conducted through video conferencing. I.A. 6933/2020 (exemption)

1. Exemption allowed subject to just exceptions. Physical copies of the paper book, attested affidavits in support of the plaint, applications, statement of truth and certificate under Section 65-B of the Indian Evidence Act be filed within one week of the resumption of the normal Court functioning.

CS(COMM) 323/2020 Page 1 of 3

2. Application is disposed of.

I.A.6932/2020 (under Order XI Rule 1(4) Commercial Courts Act)

1. Additional documents, if any be filed within thirty days.

2. Application is disposed of.

CS(COMM) 323/2020 I.A. 6934/2020 (under Order XI Rule 2 Commercial Courts Act -seeking interrogatories)

1. Plaint be registered as a suit.

2. Issue summons in the suit and notice in the application to the defendant. Mr.Afzal Badr Khan, Advocate appearing on behalf of the defendant accepts summons in the suit and notice in the application.

3. Written statement along with affidavit of admission-denial be filed within thirty days. Replication along with the affidavit of admission-denial within three weeks thereafter.

4. List the suit before Court on 7th October, 2020. I.A. 6931/2020 (under Order XXXIX Rule 1 and 2 CPC)

1. Notice. Learned counsel for the defendant accepts notice.

2. Learned Senior Counsel for the defendant objects to the maintainability of the present suit and the applications. He however fairly states that the defendant does not wish to market the impugned products covered by the impugned patents before 2nd October, 2020.

3. Reply affidavit to this application be filed within two weeks. Rejoinder affidavit within one week thereafter.

4. List the application before Court for hearing on 9th September, 2020 at the end of the Board.

CS(COMM) 323/2020 Page 2 of 3

5. Parties will file their written submissions in respect of the application before the next date of hearing. Defendants would be bound by the statement of learned counsel for the defendants till the next date of hearing.

6. Copy of the order be uploaded on the website of this Court.

MUKTA GUPTA, J.

AUGUST 14, 2020 akb CS(COMM) 323/2020 Page 3 of 3

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Delhi High Court - Orders