Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Natco Pharma Limited vs Novartis Ag And Anr on 2 November, 2022

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                          $~7
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     FAO(OS) (COMM) 178/2021
                                NATCO PHARMA LIMITED                       ..... Appellant
                                                    Through:     Mr. J Sai Deepak, Mr.
                                                                 Guruswamy Nataraj, Mr.
                                                                 Avinash K Sharma, Mr.
                                                                 Ankur      Vyas,     Mr.
                                                                 Shashikant Yadav & Ms.
                                                                 Harshita Agarwal, Advs.
                                                    versus

                                NOVARTIS AG AND ANR                            ..... Respondents
                                                    Through:     Mr. Hemant Singh, Ms.
                                                                 Mamta Jha, Mr. Siddhant
                                                                 Sharma & Ms. Garima
                                                                 Mehta, Advs.

                                CORAM:
                                HON'BLE MR. JUSTICE VIBHU BAKHRU
                                HON'BLE MR. JUSTICE AMIT MAHAJAN
                                                    ORDER

% 02.11.2022 CM APPL. 46241/2022 in FAO(OS) (COMM) 178/2021

1. This is an application filed by the appellant, interalia, praying as under:

a) allow the Appellant to distribute / make available any residual stock of TROMBOPAG available with the Appellant to doctors and patients free of cost subject to filing of an affidavit with details of the product so distributed;

b) pass any such further orders as this Hon'ble Court may deem fit and proper in the facts and Signature Not Verified circumstances of the present case.

Signing Date:16.11.2022 13:21:40

2. In terms of the order dated 28.10.2022, the appellant has also filed an affidavit indicating the quantity of the said drug, which is available with the applicant and which it seeks to distribute. The appellant has also disclosed the MRP value of each strip of the drugs in question. Mr Deepak, learned counsel for the appellant states that, notwithstanding that the appellant proposes to distribute the drugs free of cost, it would account for the same at the MRP if any monetary compensation is awarded. This ensures that the respondent is not prejudiced.

3. Mr. Hemant Singh, learned counsel appearing for the respondent fairly states that the application may be allowed, subject to two caveats, first, that it should not be considered as a precedent and, second, that it be without prejudice to all rights and contentions of the parties.

4. We are inclined to allow this application as the appellant's challenge to the respondent's patent is not insubstantial. The appeal has been heard and the order stands reserved.

5. Clearly, any interim order passed by this Court is without prejudice to the rights and contentions of the parties. In the peculiar facts of this case, we allow the present application in the aforesaid terms.

VIBHU BAKHRU, J AMIT MAHAJAN, J NOVEMBER 2, 2022 "SS"