Delhi High Court - Orders
Merck Sharp And Dohme Corp & Anr vs Sms Pharmaceuticals Limited on 1 July, 2021
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 463/2020, I.A. 7615/2021 & I.A. 7616/2021
MERCK SHARP AND DOHME CORP & ANR...... Plaintiffs
Through: Mr. Pravin Anand, Ms. Tusha
Malhotra and Ms. Yamini
Jaswal, Advs.
versus
SMS PHARMACEUTICALS LIMITED ... Defendant
Through: Ms. Meenakshi Arora, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 01.07.2021
(Video-Conferencing)
I.A. 7615/2021
1. By this application, the defendant has sought
vacation/modification of the order dated 21st October, 2020, to enable them to export the drug under question, Sitagliptin Hydrochloride to M/s Verben AG and M/s Chemo AG for the purpose of research and development.
2. At the outset, Mr. Pravin Anand, learned counsel for the plaintiff, opposed the application on the ground that huge quantities of drugs were being exported and sought time to file the reply to the application.
3. Ms. Meenakshi Arora, learned counsel for the defendant, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM)-463/2020 Page 1 of 2 Signing Date:01.07.2021 20:54:24 submits that urgent orders are required in this application, and for this reason, she has invited my attention to a communication dated 17th June, 2021 from M/s Verben AG to the defendant, filed along with the present application. In an identical situation, relating to the very same drug in respect of another defendant, she submits that the plaintiff agreed to the drug being exported for the purpose of research and development, provided the defendant abides by the conditions stipulated in the judgment of the Division Bench of this Court in Bayer Corporation v. U.O.I 1. She submits that, if permission is not granted as sought, the defendant is likely to lose its contracts, and the purpose of research and development, required to arrive at a generic formulation of Sitagliptin, could also be seriously compromised.
4. During the course of the arguments, Ms. Arora, has placed reliance on Form 29 at page 12 of the documents filed by the defendant along with the written statement. Mr. Pravin Anand, learned counsel for the plaintiff, submits that the said document is not immediately available with him and seeks a day's time in order to enable him to access the document and advance his submissions by way of response to the submissions of Ms. Meenakshi Arora.
5. Accordingly, re-notify for further hearing on 2nd July, 2021 at 2:15 PM as part heard.
C. HARI SHANKAR, J.
(VACATION JUDGE) JULY 01, 2021 SZ 1 2019 SCC OnLine Del 8209 Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM)-463/2020 Page 2 of 2 Signing Date:01.07.2021 20:54:24