Delhi High Court - Orders
Pharmacyclics Llc & Anr vs Bdr Pharmaceuticals International Pvt ... on 19 July, 2024
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 342/2020 & I.A. No. 33552/2024
PHARMACYCLICS LLC & ANR. .....Plaintiffs
Through: Mr. Pravin Anand with Mr. Dhruv
Anand, Ms. Udita Patro, Ms.
Sampurnaa Sanyal, Ms. Nimrat Singh
and Mr. Dhananjay Khanna,
Advocates.
versus
BDR PHARMACEUTICALS INTERNATIONAL PVT LTD &
ORS. .....Defendants
Through: Ms. Rajeshwari H with Mr. Tahir A.J,
Advocates for defendant no. 1.
(M): 8826363206
Email: [email protected]
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 19.07.2024 I.A. No. 33552/2024 (Application under Order XXXIX Rule 2A read with Section 151 CPC)
1. The present application has been filed on behalf of the plaintiffs under Order XXXIX Rule 2A, read with Section 151 of the Code of Civil Procedure, 1908 ("CPC").
2. It is submitted that by the instant suit, the plaintiffs are seeking permanent injunction, for restraining infringement of Patent No. 262968, damages, rendition of accounts and delivery up.
Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:20.07.2024 18:35:183. Learned counsel appearing for the plaintiffs has drawn the attention of this Court to the judgment dated 21st December, 2023, in particular, to Para 45(iii), wherein, following directions were given:-
"xxx xxx xxx
(iii) Given the importance of the drug, however, the Court permits the defendants to exhaust the stock available with them, subject to their placing, on affidavit with this Court, prior to releasing said stock in the market, the details of the stock, including Batch Numbers and dates of expiry, within a week from today. Till the affidavit is filed, the stock would not be released or sold.
xxx xxx xxx"
4. Learned counsel for the plaintiffs has drawn the attention of this Court to the initial affidavit dated 29th December, 2023 and the subsequent affidavits dated 12th February, 2024 and 29th April, 2024. By referring to the said affidavits, it is submitted that there are discrepancies in the data given by the defendants, and that full details have not been given.
5. Thus, by way of the present application, it is submitted that the defendant no. 1 is supplying the products manufactured by it through third party sellers, and is blatantly violating the order of interim injunction passed against it, vide judgment dated 21st December, 2023.
6. Thus, by way of the present application, it is prayed that defendant no. 1 be held to be in contempt of the judgment dated 21st December, 2023, by way of which interim injunction, was granted in favour of the plaintiffs.
7. Issue notice.
8. Notice is accepted by learned counsel appearing for defendant no. 1.
9. Learned counsel appearing for defendant no. 1 submits that by way of the judgment dated 21st December, 2023, the defendant had been permitted to exhaust the stock available. She submits that in pharmaceutical products, Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:20.07.2024 18:35:18 the stock available, includes not only the finished products, but also the active pharmaceutical ingredients.
10. Thus, she submits that no contempt is being committed by the defendants, and that the judgment dated 21st December, 2023, is being fully complied with.
11. Let reply be filed by defendant no. 1 within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
12. List on 14th October, 2024, i.e., the date already fixed.
MINI PUSHKARNA, J JULY 19, 2024 c Signature Not Verified Digitally Signed By:AMAN UNIYAL Signing Date:20.07.2024 18:35:18