Delhi High Court - Orders
Vifor (International) Ltd vs Manasi Mehta & Ors on 27 September, 2019
Author: Mukta Gupta
Bench: Mukta Gupta
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 565/2017
VIFOR (INTERNATIONAL) LTD ..... Plaintiff
Represented by: Mr.Rohin Koolwaal and Ms.Vrinda
Gambhir, Advocates.
versus
MANASI MEHTA & ORS ..... Defendants
Represented by: Ms.Namrita Kochhar and Mr.Luv
Virmani, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 27.09.2019 I.A. 13627/2019 (under Order XI Rule 1(5) CPC)
1. By this application, plaintiff seeks to place on record additional documents which is an extract of "Commercial Register Canton of St. Gallen" of Switzerland which demonstrates that Vifor (International) AG, i.e. the patentee of the suit patent and Vifor (International) Ltd. i.e. the plaintiff herein are the same entities.
2. Issue notice.
3. Learned counsel for the defendants accepts notice.
4. According to learned counsel for the plaintiff the necessity to file this additional document arose for the reason that though vide order dated 31 st July, 2019 this Court had settled the issues, however, an application was filed by the defendant stating that only five issues have been recorded and not the sixth issue. This Court thus vide order dated 19th August, 2019 CS(COMM) 565/2017 Page 1 of 2 settled one more issue, that is, Whether the plaintiff has locus to file the present suit? OPD.
5. A perusal of the written statement of the defendants reveals that this plea that the plaintiff has no locus to file the suit was never taken however, this being a legal issue was argued and it was framed as an issue by this Court vide order dated 19th August, 2019 when the Court permitted the plaintiff to amend its memo of parties. In view of the fact that the plea of the plaintiff's locus to file the suit was never taken in the written statement and was orally argued while settling the issues, the plaintiff is entitled to file the document clarifying its status.
6. Application is disposed of permitting the plaintiff to place on record the documents.
CS(COMM) 565/2017 Learned counsel for defendants further states that certain documents are yet to be admitted/denied and also for the admission/denial of the additional document filed by the plaintiff, the suit be listed before the learned Joint Registrar on 9th October, 2019, as the suit is listed before the local commissioner for recording of the evidence on 14th October, 2019.
MUKTA GUPTA, J.
SEPTEMBER 27, 2019 'vn' CS(COMM) 565/2017 Page 2 of 2