Fmc Corporation & Anr vs Natco Pharma Limited on 6 October, 2021

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Delhi High Court - Orders

Fmc Corporation & Anr vs Natco Pharma Limited on 6 October, 2021

Bench: C. Hari Shankar

                          $~15 (Original Side)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 611/2019 & CCP(O) 39/2021, I.A. 15353/2019,
                                I.A. 1766/2020, I.A. 5210/2020, I.A. 10594/2020 , I.A.
                                11544/2020, I.A. 2193/2021, I.A. 2194/2021, I.A. 2195/2021,
                                I.A. 2244/2021, I.A. 5816/2021, I.A. 6303/2021, I.A.
                                6708/2021, I.A. 6709/2021, I.A. 12584/2021

                                FMC CORPORATION & ANR.                     ..... Plaintiffs
                                            Through: Mr. Sanjay Kumar, Ms. Arpita
                                            Sawhney, Mr. Arun Kumar Jana, Mr.
                                            Harshit Dixit, Mr. Priyansh Sharma, Advs.

                                                     versus

                                NATCO PHARMA LIMITED                 ..... Defendant
                                            Through: Mr. J. Sai Deepak, Adv. with
                                            Mr. Guruswamy Nataraj, Mr.Avinash
                                            Kumar Sharma, Mr. R. Abhishek and Mr.
                                            Ankur Vyas, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                        ORDER

                          %             06.10.2021

                          CCP(O) 39/2021

1. Mr. J. Sai Deepak, learned counsel for the defendant, submits that the reference to the defendant's product, which appears on the website and which constitutes the basis of the allegation of contempt in this petition has been removed from the website without any admission of contempt having been committed.

2. Ms. Sawhney, learned counsel for the plaintiffs, submits that an affidavit may be filed to the said effect.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 611/2019 Page 1 of 2 Signing Date:11.10.2021 17:21:22

3. Mr. J. Sai Deepak, learned counsel for the defendant, undertakes to do so within a week from today.

4. Accordingly, re-notify on 21st December, 2021.

I.A. 15353/2019

5. Mr. J. Sai Deepak seeks and is granted a further and final opportunity of ten days to file reply to this application, with advance copy to learned counsel for the plaintiffs, who may file rejoinder thereto, if any, before the next date of hearing.

6. Accordingly, re-notify on 21st December, 2021.

I.A. 1766/2020

7. Reply to this application stands filed by the defendant.

8. Ms. Sawhney seeks and is granted three weeks' to file rejoinder thereto.

9. Accordingly, re-notify on 21st December, 2021.

I.A. 2195/2021, I.A. 5210/2020, I.A. 6303/2021, I.A. 6709/2021 & I.A. 12584/2021

10. Exemptions allowed, subject to all just exceptions.

11. The applications are disposed of.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 611/2019 Page 2 of 3 Signing Date:11.10.2021 17:21:22 I.A. 10594/2020

12. Mr. J. Sai Deepak submits that this application already stands allowed by this Court.

13. Accordingly, no further orders are required to be passed therein.

I.A. 11544/2020

14. Reply to this application stands filed by the plaintiffs.

15. Mr. J. Sai Deepak submits that rejoinder would be filed within with a period of three weeks from today.

16. Accordingly, re-notify on 21st December, 2021.

I.A. 2193/2021 & I.A. 2194/2021

17. Learned counsel for the parties submit ad idem that these applications have become infructuous.

18. Accordingly, the applications are disposed of.

I.A. 2244/2021

19. Learned counsel for the parties jointly submit that this application already stands allowed and, therefore, does not survive for consideration.

20. Accordingly, no further orders are required to be passed therein.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 611/2019 Page 3 of 4 Signing Date:11.10.2021 17:21:22 I.A. 5816/2021

21. It is pointed out that this application already stands disposed of on 19th May, 2021.

22. Accordingly, no further orders are required to be passed therein.

I.A. 6708/2021 (for taking on record the affidavit of Mr. Paul Burnett)

23. Issue notice, returnable on 21st December, 2021.

24. Notice is accepted by Mr. J. Sai Deepak, who submits that he would take instructions and if necessary, would file a reply thereto.

25. It is noticed that some of the applications in the suit already stand disposed of and have been re-listed before this Court.

26. The Registry is requested to ensure that in future applications which already stand disposed of are not listed once again before the court.

C. HARI SHANKAR, J.

OCTOBER 6, 2021 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 611/2019 Page 4 of 4 Signing Date:11.10.2021 17:21:22

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Delhi High Court - Orders