Delhi High Court - Orders
Alkem Laboratories Ltd vs Alchem International Pvt. Ltd on 26 November, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1050/2018
ALKEM LABORATORIES LTD. ..... Plaintiff
Through: Mr.Jayant Mehta, Sr Advocate with
Mr.Anirudh Bakhru, Mr.Sagar
Chandra, Ms.Ishani Chandra,
Ms.Srijan Uppal, Mr.Raghu Vinayak
Sinha, Mr.Srikar, Ms.Tejawini and
Mr.Umang, Advocates.
versus
ALCHEM INTERNATIONAL PVT. LTD. ..... Defendant
Through: Mr.Chander Mohan Lall, Sr Advocate
with Mr.D.P.Singh, Ms.Shreya Sircar,
Mr.Anurag Tandon, Ms.Ananya
Chug, Ms.Sanjukta Roy and
Ms.Jyotsna, Advocates.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 26.11.2021 I.A. Nos.14222/2021(Or 39 R1 and 2 CPC) & 14475/2021 (Or 39 R2A CPC), 15514/2021 (Or 39 R1 and 4 CPC)
1. Plaintiff has moved contempt application being IA No.14475/2021 for the alleged violation by the defendant of the status quo order dated 30.10.2018 passed by this Court.
2. It is the case of the plaintiff that defendant has increased the number of the product after 30.10.2018 and in support thereof they have filed various documents wherein they show few of the products namely Arthoqule Gel, and products at Sr Nos.10, 11, 28 - 30 as mentioned in para No.7 of the contempt application, have been allegedly introduced after 30.10.2018. It is alleged such products were launched after 30.10.2018, hence, prima facie Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.11.2021 16:54 there is a contempt by the defendant of the order dated 30.10.2018 passed by this Court.
3. The argument of the learned counsel for the defendant throughout is they had not launched any product after 30.10.2018 and are duly complying with the stay order dated 30.10.2018. They have already placed on record an affidavit of Narender Nath Dass, CEO of the defendant No.1, however no reply to IA No.14475/2021 has been filed by them and further time is sought. Be filed before next date of hearing with an advance copy thereof to the learned counsel for the applicant.
4. At this stage, the learned counsel for the defendant has pointed out there is a cross suit being CS (COMM) No.412/2020 filed for injunction etc against the plaintiff herein, however, till date no summons/notice has been issued. The defendant has also filed an application under Order 39 Rule 4 CPC (IA No.15514/2021) for vacation of the stay order dated 30.10.2018 in this suit. Reply, be filed by non-applicant by the next de of hearing.
5. The question of issuance of summons and notice in the suit filed by the defendant being CS (COMM) No.412/2020 shall also be considered on the next date of hearing.
6. List again on 07.12.2021 at 02.30PM.
YOGESH KHANNA, J NOVEMBER 26, 2021 M Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:29.11.2021 16:54