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Bayer Intellectual Property Gmbh & Anr vs Titan Laboratories Private Limited on 12 April, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                            Signature Not Verified
                                                            Digitally Signed
                                                            By:DEVANSHU JOSHI
                                                            Signing Date:14.04.2022
                                                            08:48:50


$~10
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS (COMM) 243/2020 & I.As. 5323-24/2020, 1560/2021,
      4480/2021, 11825/2021, 11826/2021

      BAYER INTELLECTUAL PROPERTY GMBH & ANR.... Plaintiffs
                   Through: Mr. Pravin Anand, Mr. Dhruv Anand
                            & Ms. Udita Patro, Advocates.
                            (M:9313399860)
                   versus

      TITAN LABORATORIES PRIVATE LIMITED ..... Defendant
                     Through: Mr. J. Sai Deepak, Mr. Avinash
                              Kumar Sharma, Mr. Ankur Vyas, Mr.
                              Shahikant Yadav & Mr. Shahid Khan,
                              Advocates. (M:7289036972)
      CORAM:
      JUSTICE PRATHIBA M. SINGH
               ORDER

% 12.04.2022

1. This hearing has been done through hybrid mode. I.A. 11826/2022(for exemption)

2. This is an application on behalf of the Plaintiffs seeking exemption from filing duly notarized affidavit(s). Exemption is allowed. It is submitted that the Defendants also need to file notarised affidavits. Accordingly, both parties to file the notarized affidavits in support of their pleadings within six weeks.

3. I.A. 11826/2022 is disposed of.

4. This is an application to take on record the replication along with the affidavit of admission and denial and reply to I.A. 1560/2021 filed by the Defendant. The said documents are taken on record.

5. I.A. 11825/2021 is disposed of.

I.A. 5323/2020 (for stay)

6. This is an application seeking interim relief. An injunction was granted by the ld. Singh judge vide order dated 8th July, 2020. It is not in dispute that the term of the suit patent has now expired therefore, the interim injunction can no longer continue. The same is vacated.

7. I.A. 5323/2020 is accordingly disposed of.

8. This is an application under Order 11 1(6) CPC seeking discovery, production and inspection of Defendant's documents. Since the only issue in the suit is in respect of damages, it is submitted by parties that they are attempting to settle the dispute amicably. If the settlement is not arrived at between the parties, the Defendants shall disclose by way of an affidavit the quantum of exports and the monetary value of the same made by them, since inception, within four weeks from the closure of settlement fails.

9. I.A. 5324/2020 is disposed of.

10. This is an application seeking extension of time in filing the replication. The delay is condoned. The replication is taken on record.

11. I.A. 4480/2021 is disposed of.

CS (COMM) 243/2020 & I.A. 1560/2021(u/O VII R 10 CPC)

12. This is an application by which the territorial jurisdiction is being challenged by the Defendants.

13. Ld. Counsel for the parties submit that they are willing to explore amicable resolution of disputes in this matter.

14. Accordingly, list before the Delhi High Court Mediation and Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:14.04.2022 08:48:50 Conciliation Centre on 22nd April, 2022 at 2:00 p.m.

15. Parties to appear before the Mediation Centre either virtually or physically, subject to convenience of all concerned. It shall be ensured that competent officials on behalf of the Plaintiffs and the Defendants shall be present in the mediation proceedings.

16. List before Court on 17th August, 2022.

PRATHIBA M. SINGH, J.

APRIL 12, 2022 dj/sk