Delhi High Court - Orders
Pharmacyclics Llc & Anr vs Bdr Pharmaceuticals International Pvt ... on 7 January, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 342/2020
PHARMACYCLICS LLC & ANR. ..... Plaintiffs
Through: Mr. Pravin Anand, Advocate with
Mr. Dhruv Anand, Ms. Udita M. Patro, Ms.
Kavya Mammen, Ms. Sampurnaa Sanyal,
Advocates
Versus
BDR PHARMACEUTICALS
INTERNATIONAL PVT LTD & ORS. ..... Defendants
Through: Mr. Guruswami Nataraj, Advocate
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 07.01.2021
(Video-Conferencing)
IA 7332/2020 (Order XXXIX Rules 1 and 2 CPC)
1. Reply to this application, filed by Defendant No. 1 is on record.
2. Defendant No. 2 claims to have filed the reply yesterday, but the same is not on record. Learned counsel for Defendant No. 2 undertakes to coordinate with the Registry and have the reply placed on record.
3. Learned counsel for Defendant No. 3 submits that he would be relying on the written statement filed in response to the plaint, to oppose the present application of the plaintiffs and does not seek to Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 1 of 6 Signing Date:14.01.2021 10:34:29 file any separate response to this application.
4. Mr. Pravin Anand, learned counsel for the plaintiffs, seeks and is granted two weeks' time to file rejoinder to the replies of Defendant Nos. 1 and 2. He is permitted to do so.
5. List this application for hearing and disposal on 8th February, 2021 at the end of the board, subject to part heard matters, if any.
6. Both sides are requested to file a short note of their respective submissions on IA 7332/2020 in CS (COMM) 342/2020, not exceeding seven pages at least 48 hours in advance of the next date of hearing, after exchanging copies with each other.
IA 7333/2020 (Section 151 CPC)
1. This is an application seeking discovery of certain documents from Defendant No 1. As such, Mr. Ashutosh Kumar, learned counsel for the Defendant No. 2, submits that he would not have to file any reply to this application.
2. Mr. Guruswami Natraj, appearing for Defendant No. 1, seeks and is granted further period of two weeks to file response to this application with advance copy to learned counsel for the plaintiffs, who may file rejoinder thereto, if any, within a period of one week thereof.
3. Renotify on 8th February, 2021.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 2 of 6 Signing Date:14.01.2021 10:34:29IA 10019/2020 (Section 151 CPC for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
IA 10139/2020 (for condonation of delay)
1. This is an application by the plaintiffs seeking condonation of delay in filing rejoinder to the reply filed by Defendant No. 1. Mr. Natraj, appearing for the Defendant No. 1, does not oppose the application. Accordingly, delay is condoned.
2. The application is allowed.
IA 173/2021(Section 151 CPC)
1. This is an application by Defendant No. 3 to take on record written statement along with affidavit of admission and denial of documents filed by the plaintiffs.
2. Mr. Pravin Anand, learned counsel for the plaintiffs, does not oppose the application. Accordingly, application is allowed. Written Statement of Defendant No. 3 along with affidavit of admission and denial of the documents filed by the plaintiffs is taken on record.
3. The plaintiffs may file replication to the aforesaid written statement of Defendant No. 3, if any, along with affidavit of admission Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 3 of 6 Signing Date:14.01.2021 10:34:29 and denial of the documents filed by the said defendant, within a period of two weeks from today.
4. The application is disposed of.
IA 174/2021 (Section 151 CPC)
1. This is an application by Defendant No. 1 to take on record written statement along with affidavit of admission and denial of documents filed by the plaintiffs.
2. Mr. Pravin Anand, learned counsel for the plaintiffs, does not oppose the application. Accordingly, application is allowed. Written Statement of Defendant No. 1 along with affidavit of admission and denial of the documents filed by the plaintiffs is taken on record.
3. The plaintiffs may file replication to the aforesaid written statement of Defendant No. 1, if any, along with affidavit of admission and denial of the documents filed by the said defendant, within a period of two weeks from today.
4. The application is disposed of.
IA 175/2021 (Section 151 CPC for exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 4 of 6 Signing Date:14.01.2021 10:34:29IA 176/2021 (for condonation of delay)
1. This is an application for condonation of delay of 90 days in filing written statement of Defendant No. 2.
2. Mr. Pravin Anand does not oppose the application. Accordingly, delay is condoned. Written statement of Defendant No. 2 is taken on record.
3. The application stands disposed of.
IA 177/2021 (under Order 11 Rule 1(x) of the CPC as amended by the Commercial Courts Act, 2015 read with Section 151 CPC)
1. This is an application by Defendant No. 2 under Order 11 Rule 1(x) of the CPC as amended by the Commercial Courts Act, 2015 read with Section 151 CPC, for filing additional documents.
2. Mr. Pravin Anand does not oppose the application. Accordingly, the application is allowed. Defendant No. 2 is permitted to file additional documents within a period of four weeks from today, along with affidavit supporting affidavit subject to right of the plaintiffs to admit or deny the said documents in accordance with law.
3. This application stands disposed of.
Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 5 of 6 Signing Date:14.01.2021 10:34:29IA 178/2021 (Section 151 CPC for exemption)
1. Subject to filing of legible copies of the dim documents, if any, on which the plaintiffs seek to rely, within a period of four weeks from today, exemption is granted for the present.
2. The application stands disposed of.
IA 179/2021 (Section 151 CPC for exemption)
1. Subject to filing of legible copies of the dim documents, if any, on which the Defendant No. 3 seeks to rely, within a period of four weeks from today, exemption is granted for the present.
2. The application stands disposed of.
C. HARI SHANKAR, J.
JANUARY 7, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 342/2020 Page 6 of 6 Signing Date:14.01.2021 10:34:29