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Bombay High Court

Glenmark Pharmaceuticals Ltd vs Wockhardt Ltd on 27 January, 2021

Author: K.R.Shriram

Bench: K.R.Shriram

                                                            1/2                        16 comip 26-11 doc..doc
         Digitally
         signed by
Meera    Meera M.
         Jadhav
M.       Date:
Jadhav   2021.02.03

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         17:01:59
         +0530

                                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                          COMMERCIAL IP SUIT NO. 26 OF 2011


               Glenmark Pharmaceuticals Ltd.                             ....Plaintiff

                                     V/s.

               Wockhardt Ltd.                                            ....Defendant


               Mr. Mahesh Mahadgut for Plaintiff;
               Mr. Anshul Anjarlekar i/b M/s. Raval-Shah and Co. for Defendant.


                                                       CORAM : K.R.SHRIRAM, J.

DATED : 27th JANUARY 2021 P.C. :

               Name                         : Ms. Rupali Pritam Lonkar (DW-1)
               Age                          : 41 years
               Occ                          : Service
               Address                      : A/23, Devmangal CHS, S. P. Mukherjee Road, Dombivali
                                              (East), Thane - 421 201


               On S. A.

Further examination in chief by Mr. Anjarlekar P.C. 1 I say that I have affirmed an affidavit in lieu of examination-in-chief dated 9th August 2019 and I identify my signature. Affidavit is taken on record and marked Exhibit D-1/1.

Alongwith affidavit, plaintiff has filed a compilation of 10 documents. 2 However, I find there are 9 documents, which have been filed alongwith affidavit of documents. Those documents do not tally with the Meera Jadhav 2/2 16 comip 26-11 doc..doc compilation of documents filed by D.W.-1. Even the documents filed with D.W.-1's evidence are not in the same order as the documents filed in the affidavit of documents. In the compilation filed with D.W.-1's evidence, it says original power of attorney dated 27 th October 2017, whereas what I find is the true copy of the power of attorney dated 12 th December 2011. This is nothing but the wastage of court's time and also that of plaintiff. I have to note that despite the directions being passed on 5 th July 2019, still defendants have not taken steps to keep their records in proper order. Therefore, the court cannot proceed further today. 3 Stand over to 10th February 2021 at 2.30 p.m., at which time, defendants first witness shall also present online and before that if this mess is not sorted out, the evidence of defendants will be closed.

(K.R.SHRIRAM, J) Meera Jadhav