Delhi High Court - Orders
Astrazeneca Ab & Anr vs Bdr Pharmaceuticals International Pvt ... on 23 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 164/2024
ASTRAZENECA AB & ANR. ..... Plaintiffs
Through: Mr. Pravin Anand, Ms. Vaishali
Mittal and Mr. Siddhant Chamola,
Advocates.
versus
BDR PHARMACEUTICALS INTERNATIONAL PVT LTD
..... Defendant
Through: Mr. Parag P. Tripathi, Senior
Advocate with Ms. Rajeshwari H. and
Mr. Tahir A.J., Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 23.02.2024 I.A. 4278/2024 (seeking exemption from pre-litigation mediation)
1. For the reasons discussed hereinafter and since at the request of the counsels, parties are bein g referred to Mediation at the admission stage itself, the application is disposed of.
I.A. 4276/2024 (seeking leave to file additional documents)
2. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
3. Applicants, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
4. Accordingly, the application stands disposed of.
CS(COMM) 164/2024 Page 1 of 5This 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 26/02/2024 at 23:03:21 I.A. 4279/2024 (seeking exemption from filing clearer copies or documents)
5. Exemption is granted, subject to all just exceptions.
6. The Plaintiffs shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
7. Accordingly, the application stands disposed of. I.A. 4280/2024 (seeking extension of time to file court fees)
8. For the grounds and reasons stated therein, the same is allowed and further two weeks' time are granted to file the court fees.
9. The application stands disposed of.
I.A. 4275/2024 (seeking administration of interrogatories)
10. Issue notice. Mr. Tahir A.J., counsel for the Defendant, accepts notice.
11. List before the Court on 3rd May, 2024.
I.A. 4277/2024 (Application under Order 2 Rule 2 of the code of civil Procedure, 1908)
12. Issue notice. Mr. Tahir A.J., counsel for the Defendant, accepts notice.
13. List before the Court on 3rd May, 2024.
CS(COMM) 164/2024
14. Let the plaint be registered as a suit.
15. Issue summons. Mr. Tahir A.J., counsel for Defendant, accepts summons. They confirm the receipt of suit paperbook, and waive their right of formal service of summons. Written statement shall be filed by the Defendant within 30 days from today. Along with the written statement, the CS(COMM) 164/2024 Page 2 of 5 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 26/02/2024 at 23:03:21 Defendant shall also file affidavit(s) 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 the Plaintiffs to file replication(s) within 15 days of the receipt of the written statement. Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication(s) 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 marking of exhibits on 26th April, 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. 4274/2024 (u/Order XXXIX Rules 1 & 2 r/w Section 151 of the Code of Civil Procedure, 1908)
19. Issue notice. Mr. Tahir A.J., counsel for the Defendant, accepts notice.
20. The present suit pertains the Plaintiffs' patent bearing no. IN 297581 [hereinafter 'IN 581'] in relation to the Plaintiffs' drugs comprising Osimertinib. The Plaintiffs have filed the instant suit, apprehending that the Defendant is in the process of launching a generic drug of Osimertinib.
21. Mr. Parag P. Tripathi, Senior Counsel for the Defendant, on instructions, states that the Defendant has no intention to undertake manufacturing or sale of Osimertinib at this stage. Mr. Tripathi further states that in the event the Defendant were to, at a later stage, manufacture the said compound, the Defendant shall give four weeks prior notice to the Plaintiffs.
CS(COMM) 164/2024 Page 3 of 5This 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 26/02/2024 at 23:03:21 The statement made by Mr. Tripathi is taken on record and shall bind the Defendant. At this juncture, Mr. Pravin Anand, counsel for the Plaintiffs, states that in light of the statement made by Mr. Tripathi, the present suit could be disposed of. However, Mr. Tripathi suggests that, since the parties were engaged in seeking a voluntary license, prior to this litigation, it would be appropriate if the parties were referred to mediation. On this issue, he also emphasizes that Plaintiffs ought to have attempted a pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 [hereinafter, 'the Act']. Without going into the question of whether the mandate of Section 12A of the Act was required to be complied with by the Plaintiffs or they are to be exempted, in light of Mr. Tripathi's statement recorded above, it is considered appropriate to refer the parties to Delhi High Court Mediation and Conciliation Centre to resolve any issue which are still unresolved.
22. As requested by Mr. Anand, Plaintiffs are permitted to file certain correspondence, which are stated to be confidential under the Non- Disclosure Agreement ('NDA') executed with the Defendant. Let such document be filed with the Registry in a sealed cover.
23. The Mediation Centre is requested to appoint Mr. Sudhanshu Batra, Senior Advocate, as the Mediator. The parties shall appear before the Mediator on 29th February, 2024.
24. List before the Court on 3rd May, 2024.
SANJEEV NARULA, J FEBRUARY 23, 2024 CS(COMM) 164/2024 Page 4 of 5 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 26/02/2024 at 23:03:21 as CS(COMM) 164/2024 Page 5 of 5 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 26/02/2024 at 23:03:21