Delhi High Court - Orders
Act) Act) Eli Lilly And Company & Anr vs Natco Pharma Limited & Anr on 8 December, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 183/2020
I.A. 4640/2020 (under Order XXXIX Rule 1 and 2 CPC)
I.A. 7145/2020 (under Order XI Rule 1(6) and (5) Commercial Courts
Act)
I.A. 7146/2020 (under Order VIII Rule 1 and 10 Commercial Courts
Act)
ELI LILLY AND COMPANY & ANR. ..... Plaintiffs
Represented by: Mr. Pravin Anand, Advocate with
Mr. Dhruv Anand, Ms. Udita Patro,
Ms. Kavya Mammen,
Ms. Sampurnaa Sanyal, Ms. Archana
Shanker, Ms. Prachi Agarwal, &
Ms. Ridhie Bajaj, Advocates.
versus
NATCO PHARMA LIMITED & ANR ...... Defendants
Represented by: Mr. J. Sai Deepak, Advocate with
Mr. Nataraj Guguswamy, Advocate
for defendant Nos.1 and 2.
Mr. Pawas Agarwal, Advocate for
defendant No.3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 08.12.2020 The hearing has been conducted through Video Conferencing. CS(COMM) 183/2020 I.A.4640/2020 (under Order XXXIX Rule 1 and 2 CPC) I.A.7145/2020 (under Order XI Rule 1(6) and (5) Commercial Courts Act) I.A.7146/2020 (under Order VIII Rule 1 and 10 Commercial Courts Act) Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 183/2020 PageGUPTA MUKTA 1 of 3 Signing Date:08.12.2020 19:24:37
1. Summons in the suit and notice in the application to defendant No.3 were issued by this Court on 28th August, 2020. Learned counsel for defendant No.3 enters appearance and states that summons in the suit and notice in the application were received through e-mail and complete set of paper book was supplied on 15th October, 2020. Learned counsel further states that the defendant No.3 will file his written statement along with the application seeking condonation of delay.
2. Learned counsel for the plaintiff points out that the written statement on behalf of the defendant No.1 has been filed on 17th October, 2020 vide diary No.961463/20 and that too beyond the Court working hours i.e. after 4:00 p.m., and is, therefore, filed beyond 120 days. Further no written statement has been filed on behalf of defendant No.2. According to learned counsel as per Rule 14.2 of the E-filing Rules if document or an application or the suit or pleading is filed beyond 16:00 hours of the Court working day, the filing will be deemed to be made on the next working day.
3. Learned counsel for the defendant No.1 admits that the written statement was filed on 17th October, 2020 at around 9:30 p.m. in the night through E-filing.
4. Summons in the suit and notice in the application was accepted by learned counsel for defendant Nos.1 and 2 on 19th June, 2020 and thus, the period of limitation started from 20th June, 2020, and on 17th October, 2020, 120 days were complete. Since the written statement had been filed through E-filing after 4:00 p.m., i.e. 9:30 p.m. it would be deemed to be filed on the next working day which was 19th October, 2020 as 18th October, 2020 was Sunday.
Signature Not Verified Digitally Signed By:JUSTICECS(COMM) 183/2020 PageGUPTA MUKTA 2 of 3 Signing Date:08.12.2020 19:24:37
5. Learned counsel for defendant No.1 states that defendant No.1 had also filed an application seeking condonation of delay vide diary No.961462/20 on 17th October, 2020, however, due to non removal of defects which could not take place due to the filing counsel being unwell due to Covid, the same has been now re-filed and is to be listed before this Court. He further states that today the said application has been registered.
6. It is clarified that the time for filing the replication by the plaintiff would not start till the written statement is taken on record.
7. Learned counsel for defendant No.1 and 2 also states that the defendant No.2 is not filing any separate written statement and is adopting the written statement filed on behalf of defendant No.1 and if the written statement being allowed to be taken on record, be read as reply affidavit to I.A.4640/2020.
8. List the suit and applications before the Court on 18th February, 2021.
9. Interim order to continue till the next date of hearing.
10. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 08, 2020 vk Signature Not Verified Digitally Signed By:JUSTICE CS(COMM) 183/2020 PageGUPTA MUKTA 3 of 3 Signing Date:08.12.2020 19:24:37