Delhi High Court - Orders
Kudos Pharmaceuticals Limited & Ors vs Bdr Pharmaceuticals Intl Pvt Ltd on 12 January, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 34/2024
KUDOS PHARMACEUTICALS LIMITED & ORS. ..... Plaintiffs
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal, Mr. Davinder Rawat, Mr.
Shivang Sharma and Ms. Pallavi
Bhatnagar, Advocates
versus
BDR PHARMACEUTICALS INTL PVT LTD ..... Defendant
Through: Mr. Parag P. Tripathi, Sr. Advocate
with Ms. Rajeshwari, Ms. Garima
Joshi and Mr. Srinivas Ramaswamy,
Advocates
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 12.01.2024 CAV 10/2024
1. Since Defendants have entered appearance, the caveat stands discharged.
I.A. 743/2024 (under Order XI Rule 2 of CPC seeking administration of interrogatories), I.A.744/2024 (under Order II Rule 2 of CPC seeking leave to amend/ add claims if necessary), I.A.747/2024 (under Section 12A of Commercial Courts Act, 2015, seeking leave to file suit without exhausting pre-institution mediation)
2. Issue notice. Ms. Garima Joshi, Advocate, accepts notice on behalf of Defendant.
3. Re-notify on 23rd January, 2024.
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 25/01/2024 at 09:41:57 I.A.745/2024 (under Order XI Rule 1(4) of CPC seeking leave to file additional documents)
4. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
5. If Plaintiffs wish to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.
6. Disposed of.
I.A.746/2024 (under Section 151 of CPC seeking leave to file certain documents on CD/ Pen drive)
7. For the reasons stated therein, leave, as sought in the present application, is granted.
8. Disposed of.
I.A.748/2024 (under Section 151 of CPC seeking exemption)
9. Exemption is granted, subject to all just exceptions.
10. Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
11. Disposed of.
I.A.749/2024 (under Section 149 of CPC seeking extension of time for filing court fees)
12. For the grounds and reasons stated therein, the application is allowed. Plaintiff is granted four weeks' time to file court fees.
13. Disposed of.
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 25/01/2024 at 09:41:58 CS(COMM) 34/2024
14. Let the plaint be registered as a suit.
15. Issue summons. Summons are accepted by Ms. Garima Joshi, counsel for Defendant. She confirms receipt of the entire paper-book and, on instructions, she waives the requirement of issuance of formal summons from the Registry. Let written statement be filed within the time permissible. Along with the written statement, Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
16. Liberty is given to Plaintiffs to file replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by Plaintiffs, an affidavit of admission/denial of documents of the Defendant be filed by Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
17. List before the Joint Registrar for completion of pleadings and marking of exhibits on 13th March, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
18. List before Court for framing of issues thereafter.
I.A.742/2024 (under Order XXXIX Rules 1 & 2 of CPC)
19. Issue notice. Ms. Garima Joshi, counsel for Defendant, accepts notice.
20. Considering that the Plaintiff's patent bearing No. IN 228720 ["suit patent"] is expiring in March 2024, the Court has commenced hearing for grant of interim injunction. Mr. Pravin Anand, counsel for Plaintiffs, has 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 25/01/2024 at 09:41:58 made his opening submissions. Thereafter, Mr. Parag P. Tripathi, Senior Counsel for Defendants, has also argued extensively in reply.
21. Mr. Tripathi states that they will file a reply to the instant application positively by 17th January, 2024, with an advance copy thereof to counsel for Plaintiffs. Plaintiffs are permitted to file a response thereto within a period of two days from date of receipt of the said reply.
22. On the next date of hearing, Mr. Tripathi shall make his supplementary submissions, if required, for a period of 30 minutes. Thereafter, Mr. Anand would complete rejoinder submissions within 30 minutes.
23. Both the counsel for parties are permitted to file a brief note of submissions, not exceeding five pages, along with relevant case law(s), if any. The same shall be e-mailed to the Court Master positively by end on 20th January, 2024.
24. Further, without prejudice to their rights and contentions, Mr. Tripathi states that the Defendant shall maintain full accounts of transactions pertaining to the drug impugned in the present suit, i.e., 'Olaparib'.
25. List on 23rd January, 2024.
SANJEEV NARULA, J JANUARY 12, 2024 PT 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 25/01/2024 at 09:41:58