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Alkem Laboratories Ltd vs Medox Lifesciences & Ors on 11 March, 2026

Author: Tushar Rao Gedela

Bench: Tushar Rao Gedela

              $~39
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 863/2023 & I.A. 24144/2023

                        ALKEM LABORATORIES LTD                 .....Plaintiff
                                    Through: Mr. Nikhil Sonker and Mr. Shivendra
                                             Pratap Singh, Advocates.
                                    versus

                        MEDOX LIFESCIENCES & ORS.               .....Defendants
                                     Through: Mr. Sahil Kakkar, Ms. Jyoti and Mr.
                                              Vinod, Advocates for D-1 to D-3.

                        CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                     ORDER

% 11.03.2026 I.A. 8886/2024 (under Order XXII Rule 4)

1. This is an application under Order XXII Rule 4 read with Section 151 of the Code of Civil Procedure, 1908, filed on behalf of the plaintiff seeking the following prayer:

"7. Under the facts and circumstances of the present case, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to:

a. Cause the legal representative/heirs of Defendant No. 3 to be made a party to the suit;

b. Take the proposed memo of parties on record; and c. Any other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. Prayed accordingly."

2. Learned counsel appearing on behalf of the plaintiff submits that the plaintiff was given to understand on 22.01.2024 that the defendant no. 3 had expired even prior to the filing of the suit. Therefore, for abundant precaution, the present application has been filed to substitute the LRs of defendant no. 3.

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 13/03/2026 at 22:32:36

3. It has been stated by learned counsel appearing on behalf of the defendants that the defendant no. 1 is a partnership firm of which defendant no. 2 is a partner. He states that though the wife of defendant no. 3 was the actual partner, the plaintiff has erroneously arrayed defendant no. 3 as the party under the impression that defendant no. 3 was the partner of the defendant no. 1.

4. In view of the fact that the defendant no. 3 was not even a partner and the present application has been filed to substitute the LRs of the defendant no. 3 in the present suit, it is apposite to allow the present application. This is for the reason that the proposed defendant no. 2, who is son of the defendant no. 3, is already party to the present suit and the proposed defendant no. 3/Mrs. Mandeep Kaur Jaggi is the widow of defendant no. 3 and is otherwise a partner of defendant no. 1 firm.

5. Since, Mr. Tarun Pal Singh Jaggi is already arrayed as defendant no. 2, it would be in the interest of justice to substitute Mrs. Mandeep Kaur Jaggi in place of late Mr. Ravinder Pal Singh Jaggi as defendant no. 3.

6. Amended memo of parties may be filed within one week from date.

7. Learned counsel appearing on behalf of the parties have submitted that the inter se disputes between the parties have already been settled under the aegis of Delhi High Court Mediation and Conciliation Center and the terms of settlement have been reduced into writing vide the Settlement Agreement dated 17.12.2025.

8. Mr. Sahil Kakkar, learned counsel appearing on behalf of the defendant nos. 1, 2 and 3 submits that he was also appearing for defendant no. 4, which is the manufacturer. He submits that he has not received any instructions from the defendant no. 4 and would seek discharge. He also submits that he will be filing an appropriate application in that regard.

9. Learned counsel is granted one week time to file the appropriate application.

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 13/03/2026 at 22:32:36

10. List on 17.04.2026 for consideration of the Settlement Agreement dated 17.12.2025.

TUSHAR RAO GEDELA, J MARCH 11, 2026/anj CS(COMM) 863/2023 Page 3 of 3 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 13/03/2026 at 22:32:36