Bombay High Court
Novartis Ag And Anr vs Aanchal Corp on 24 September, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 944 nmcdl 2064 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO.2064 OF 2018
IN
IP SUIT (L) NO.1187 OF 2018
Novartis AG and Anr. ... Plaintiffs
versus
Aanchal Corp. ... Defendant
Mr. Rashmin Khandekar I/by Mr. Rishi Mody, for Plaintiffs.
None for Defendant.
CORAM: S.J. KATHAWALLA, J.
DATE: 24th SEPTEMBER, 2018 P.C.:
1. On 18th September, 2018 this Court passed the following order :
"On 5th September, 2018, Mr. Satyadev Joshi appeared for the Defendant and had sought time. The matter was therefore adjourned till today. Today, Mr. Satyadev Joshi is not present. However, he has also not filed his Vakalatnama till date. In view thereof, the order dated 3 rd September, 2018 which is continued by order dated 5 th September, 2018, when the Advocate for the Defendant was present, shall continue until further orders. Place the above Notice of Motion for hearing and final disposal on 24th September, 2018, under the caption 'First on Board'."
2. However, even today, neither the Defendant nor their Advocate are present in Court. In view thereof, for reasons set out in the order dated 3 rd September, 2018, 1/2 ssp 944 nmcdl 2064 of 2018.doc the Notice of Motion is allowed in terms of prayer clause (a) which reads as under :
"(a) pending the hearing and final disposal of the present Suit, the Defendant by itself or through its directors, licensees, franchisees, agents, distributors, dealers, stockists and all persons claiming through it be restrained by a temporary ex-
parte order and injunction of this Court from infringing the Plaintiff No.1's Indian Patent No.212815 from using, manufacturing by itself or through third parties, importing, selling, offering for sale either through the website http://www.aanchalcorp.in/ or by any other means, exporting, directly or indirectly dealing in pharmaceutical products or formulations containing Vildagliptin alone or Vildagliptin in combination with any other compound or formulation or in any other form as may amount to infringement of Indian Patent No.212815 of the Plaintiff No.1 ;"
3. The Notice of Motion is accordingly disposed of. A copy of this order shall be forthwith served on the Defendant and their Advocate.
4. Hearing of the Suit is expedited.
( S.J.KATHAWALLA, J. )
Digitally signed
Swaroop by Swaroop
Sharad Phadke
Sharad Date:
Phadke 2018.09.25
17:07:08 +0530
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