Bombay High Court
Strides Pharma Science Limited vs Ajanta Pharma Limited on 1 April, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
2024:BHC-OS:5514
1/2 41 IA L 5464-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.5464 OF 2024
IN
COMMERCIAL IP SUIT NO.355 OF 2023
Strides Pharma Science Ltd .. Applicant/ Org.
Defendant
In the matter of
Ajanta Pharma Ltd .. Plaintiff
Versus
Strides Pharma Science Ltd .. Defendant
...
Adv.Ashutosh Kane, Ishaan K Paranjape, i/b W.S. Kane and Co
for the Plaintiff.
Adv. Amiy Kumar i/b Pamela Dalal for Applicant/Orig.
Defendant.
CORAM: BHARATI DANGRE, J.
DATED : 1st APRIL, 2024 P.C:-
1 Interim Application (L) No. 5464 of 2024, seek condonation of delay of 9 days in filing the written statement in the Suit.
Heard learned counsel for the applicant, the original defendant in the Suit and perused the application.
The application proceed to state that the writ of summons was served upon the defendant on 8/01/2024 and the written statement was to be filed within 30 days i.e. on or before 6/02/2024 and infact it is filed on the same day but beyond the Ashish ::: Uploaded on - 02/04/2024 ::: Downloaded on - 04/04/2024 00:21:25 ::: 2/2 41 IA L 5464-24.doc Court working hours and therefore, the delay is caculated in its filing.
The reason why the defendant took 30 days to prepare the written statement is specifically set out as the applicant had filed voluminous exhibits running into 900 pages and it took some time for the defendant to prepare the written statement.
2 On being satisfied, that the delay if any is bonafide, the Interim Application (L) No.5464 of 2024 is allowed in terms of prayer clause (a). The written statement is permitted to taken on record.
3 Since the pleadings in the Interim Application No.52 of 2024 is complete, list the same for hearing on 6/05/2024, at 2:30 p.m. ( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 02/04/2024 ::: Downloaded on - 04/04/2024 00:21:25 :::