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Supreme Court - Daily Orders

Natco Pharma Limited vs Novartis Ag on 25 February, 2022

Bench: D.Y. Chandrachud, Surya Kant

                                                                  1

     ITEM NO.13                       Court 4 (Video Conferencing)                     SECTION XIV

                                      S U P R E M E C O U R T O F             I N D I A
                                              RECORD OF PROCEEDINGS

                      Petition(s) for Special Leave to Appeal (C)                No(s).2960/2022

     (Arising out of impugned final judgment and order dated 07-02-2022
     in FAO(OS)(COMM) No. 178/2021 passed by the High Court of Delhi at
     New Delhi)

     NATCO PHARMA LIMITED                                                           Petitioner(s)

                                                             VERSUS

     NOVARTIS AG & ANR.                                                             Respondent(s)

     (FOR ADMISSION and I.R. and IA No.25614/2022-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT)

     Date : 25-02-2022 This petition was called on for hearing today.

     CORAM :
                              HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
                              HON'BLE MR. JUSTICE SURYA KANT

     For Petitioner(s)                      Mr.   J. Sai Deepak, Adv.
                                            Mr.   Guruswamy Natraj, Adv.
                                            Mr.   V. Shyamohan, Adv.
                                            Mr.   Surya Prakash, Adv.
                                            Mr.   Avinash K. Sharma, Adv.
                                            Mr.   Ankur Vyas, Adv.
                                            For   M/S. Kmnp Law Aor, AOR

     For Respondent(s)

                           UPON hearing the counsel the Court made the following
                                                  O R D E R

1 Mr J Sai Deepak, counsel appearing on behalf of the petitioner, has fairly drawn the attention of the Court to the fact that the batch of FAOs is now adjourned by the Division Bench of the High Court of Delhi to 18 April 2022. Counsel states Signature Not Verified that on the date which has been fixed by the High Court, the petitioner would Digitally signed by Sanjay Kumar Date: 2022.02.25 16:17:32 IST Reason: make an earnest endeavour to persuade the High Court to detag the appeal which was directed to be listed with an earlier batch of appeals on the ground that they do not raise similar issues.

2

2 Having due regard to the fact that the High Court on 7 February 2022 merely directed the listing of the FAOs on 18 April 2022 due to paucity of time, we are not inclined to entertain the Special Leave Petition. The petitioner would be at liberty to pursue the remedies, including what has been submitted above, before the High Court. The Special Leave Petition is accordingly dismissed. 3 Pending application, if any, stands disposed of.

       (SANJAY KUMAR-I)                                (SAROJ KUMARI GAUR)
          AR-CUM-PS                                       COURT MASTER