Delhi High Court - Orders
Novartis Ag & Anr vs Bdr Pharmaceuticals International ... on 23 March, 2026
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 293/2026
NOVARTIS AG & ANR. .....Plaintiffs
Through: Mr. Hemant Singh, Ms. Mamta Rani,
Mr. Abhay Tandon, Ms. Kriti Chulei
and Mr. Sadaf Rehman, Advocates.
versus
BDR PHARMACEUTICALS INTERNATIONAL PRIVATE
LIMITED & ANR. ....Defendants
Through: Mr. J. Sai Deepak, Ms. Meenakshi
Ogra, Mr. Tapan Shah, Ms. Shuruti
Gupta, Mr. Samrat S. Kang, Advocates.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 23.03.2026 I.A. 7602/2026 (Additional Documents)
1. The present application has been filed on behalf of the plaintiffs under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') as applicable to commercial suits under the Commercial Courts Act, 2015 ('CC Act') seeking leave to place on record additional documents.
2. The plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018 within thirty (30) days.
3. Accordingly, the application stands disposed of. I.A. 7598/2026 (Pre-Institution Mediation)
4. This is an application filed by the plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.
5. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi:
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:26:08 (2024) 5 SCC 815, exemption from the requirement of pre-institution Mediation is granted.
6. The application stands disposed of.
I.A. 7601/2026 (Exemption)
7. This is an application filed on behalf of the plaintiffs under Section 151 of CPC seeking liberty/exemption from filing certain documents which may be found to be dim, photocopy, or not of appropriate font size or lacking of prescribed margins.
8. Exemption allowed, subject to just exceptions. However, true clear/typed/translated/ copies of the documents with appropriate font size and proper margins be filed within four weeks with an advance copy to the defendants.
9. The application stands disposed of.
CS(COMM) 293/2026, I.A. 7597/2026, I.A. 7599/2026 & I.A. 7600/2026
10. Mr. J. Sai Deepak, learned senior counsel for defendants, after some arguments, under instructions submits that the three issues which should ordinarily allay the apprehension of the plaintiffs qua the quia timet action are as under:
(i) The defendants do not have any commercial license to manufacture the compound/product in question from any authority.
(ii) He also submits that the license, which according to the plaintiffs has given rise to the apprehension, is limited in its purpose, in that, the scope of the license is only for manufacturing drugs for the purposes of examination, test or analysis. He further clarifies that the said license also has proscribed its effect by specifically stating "Not for clinical trial unless or otherwise permitted by the licensing authority".
(iii) He submits that at this stage, the protection granted under the provision of Section 107A of the Patents Act, 1999, is fully in favour of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:26:08 defendants and the defendants are entitled to continue with the examination, test and analysis of the said compound till an appropriate license is issued in its favour.
11. He also refers to Section 48 to submit that the right of the plaintiffs are circumscribed within the four corners of the said provisions and would not give any cause of action at least at this stage against the defendants. He also submits that the defendants have yet not crossed the threshold as envisaged in sub-section (a) of Section 48 of the Patents Act.
12. Mr. Sai Deepak, learned senior counsel also submits on instructions that the defendants would also place on record an affidavit giving disclosure/details of the status of various approvals they have obtained till date.
13. The affidavit be filed by 27.03.2026 with an advance copy thereof be furnished to Mr. Hemant Singh, learned counsel for the plaintiffs.
14. List on 30.03.2026.
TUSHAR RAO GEDELA, J MARCH 23, 2026 Sumit This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2026 at 21:26:08