Delhi High Court - Orders
Centrient Pharmaceuticals ... vs Dalas Biotech Limited on 9 December, 2020
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 579/2019 & IAs. 2538/2020, IA. 11703/2020,
8897/2020, 8605/2020, 8607/2020, 7140/2020, 7856/2020 and
3249/2020
CENTRIENT PHARMACEUTICALS NETHERLANDS B.V. &
ANR. ..... Plaintiffs
Through: Mr. Chander M. Lall, Sr. Adv. with
Ms. Nancy Roy, Adv.
versus
DALAS BIOTECH LIMITED ..... Defendant
Through: Mr. Nalin Kohli and Ms. Nimisha
Menon, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 09.12.2020 This matter is being heard through video-conferencing.
IA. 2538/2020 (for exemption) Exemption allowed subject to all just exceptions. Application stand disposed of.
CS(COMM) 579/2019 On October 5, 2020, this Court had directed the defendant to file an affidavit that it has not made any changes to the product; to the process manufacturing the product and Enzyme used for manufacturing the product Amoxicillin Trihydrate, before the filing of the Suit and thereafter.
An affidavit has been filed by the defendant. It is noted that the affidavit does not reflect the information sought for by this court in the said order. Appropriate shall be for the defendant to file an affidavit in terms of order within three days from today.
List on December 22, 2020.
I.A. 11703/2020 (filed by the plaintiffs Under Order 1 Rule 10 CPC read with Section 151 CPC) Notice, Ms. Nimisha Menon, Adv. accepts notice for the defendant. Reply to the application be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
List on February 19, 2021.
IA. 8897/2020 (filed by the plaintiffs under Section 151 CPC for early hearing) This is an application filed by the plaintiffs for early hearing of two IAs. 8605/2020 and 8607/2020.
Since these applications have been taken up for hearing, this application has become infructuous and disposed of as such.
I.A. 8607/2020 (filed by the plaintiffs Under Order XI Rule 2 CPC as amended by The Commercial Courts Act, 2016 read with Section 151 CPC).
This is an application filed by the plaintiffs with the following prayers:
"In the light of the facts and circumstances mentioned herein, it is respectfully prayed that this Hon'ble Court may be pleased to:
(a) allow the present application and direct the Defendant to respond to the interrogatories in the present application and also produce the relevant documents, within the time stipulated by this Hon'ble Court;
(b) Any further order or orders this Hon'ble Court may pass in the light of the facts and circumstances of the present case. It is prayed accordingly."
Notice, Ms. Nimisha Menon, Adv. accepts notice for the defendant. Reply to the application be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
List on February 19, 2021.
IA. 7140/2020 (filed by the defendant under Section 151 CPC) This is an application filed by the defendant seeking clarification of report dated July 30, 2020.
Reply to this application be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
List on February 19, 2021.
IA. 7856/2020 (filed by the plaintiffs under Order 11 Rule 1(5) of the Commercial Courts Act, 2015 read with Section 151 CPC) Rejoinder to the reply filed by the defendant be filed within four weeks.
List on February 19, 2021.
IA. 3249/2020 (filed by the defendant Under Order VIII Rule 6A read with Section 151 CPC) Notice, Ms. Nancy Roy, Adv. accepts notice for the plaintiffs / non- applicants. Reply to the application be filed within four weeks. Rejoinder thereto be filed within two weeks thereafter.
List on February 19, 2021.
The date already fixed, i.e., December 16, 2020 stands cancelled.
V. KAMESWAR RAO, J DECEMBER 9, 2020/jg