Delhi High Court - Orders
Bayer Healthcare Llc vs Natco Pharma Limited on 24 February, 2025
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~140
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) (COMM) 182/2023 &CM APPL. 43775/2023, CM APPL.
43777/2023,CM APPL. 43779/2023
BAYER HEALTHCARE LLC .....Appellant
Through: Mr. Dayan Krishnan, Senior
Advocate with Mr. Pravin Anand, Mr.
Dhruv Anand, Md. Udita Patro, Ms.
Nimrat Singh and Ms. Aakashi,
Advocates.
versus
NATCO PHARMA LIMITED .....Respondent
Through: Mr. J. Sai Deepak, Senior Advocate
with Mr. Mohit Goel, Mr. Siddhant
Goel, Mr. Deepankar Mishra and Mr.
Avinash K. Sharma, Advocates.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 24.02.2025
1. Present appeal has been preferred under section 13 of the Commercial Courts Act, 2015 read with Order XLIII Rule 1 of the Code of Civil Procedure, 1908 against the order dated 05.07.2023 passed by the learned Single Judge in I.A No. 8878/2019 in CS(COMM) 343/2019 captioned "Bayer Healthcare LLC vs. Natco Pharma Limited".
2. Mr. Dayan Krishnan, learned senior counsel for the appellant and Mr. J. Sai Deepak, learned senior counsel for the respondent have appeared This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2025 at 21:56:06 before us today and handed over the bench, draft terms to be incorporated for expedition of trial. It has been informed that the parties have deliberated upon said terms and are ad idem on the procedure contained in the note handed over.
3. Mr. J. Sai Deepak, learned senior counsel appearing for the respondent states that he has no objection to the said terms so long as no observation is recorded in respect of the merits of the matter.
4. Accordingly in view of the aforesaid statement and the draft note, the appeal is disposed of with the directions that the underlying Suit, namely, CS(COMM) No. 343/2019 being listed for completion of admission-denial and marking of exhibits etc., before the Joint Registrar on 18.03.2025:-
"(a) The parties are directed to complete all requisite procedures in the underlying Suits before the Joint Registrar by 18.03.2025;
(b) The underlying suits would come up for settlement of issues and for Case Management within two weeks after 18.03.2025,
(c) Further, in the suits issues will be framed by the Learned Single Judge, who would also expedite the trial in the suits by appointing a Local Commissioner to record evidence.
(d) The parties will file their evidence affidavits in accordance with the respective schedules set by the Learned Single Judge
(e) All attempts will be made to limit the number of witnesses and the time available for cross-examination and for final arguments in the matter. As far as possible, timelines would be indicated by the learned Single Judge at the time of the Case Management hearing.
(f) None of the observations made by the Learned Single Judge on merits of the case shall influence the Learned Single Judge while deciding the matter finally.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2025 at 21:56:06
(g) All parties will cooperate and ensure completion of the trial within a period of one year."
5. In view of the above the appeal stands disposed of.
DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J FEBRUARY 24, 2025 yrj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/02/2025 at 21:56:07