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Delhi High Court - Orders

Alchem International Pvt. Ltd vs Alkem Laboratories Ltd on 20 May, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                        Signature Not Verified
                                                        Digitally Signed
                                                        By:DEVANSHU JOSHI
                                                        Signing Date:23.05.2022
                                                        18:01:48

$~40 & 41
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+          CS(COMM) 412/2020 & I.As. 8911/2020, 14221/2021
      ALCHEM INTERNATIONAL PVT. LTD.                     ..... Plaintiff
                       Through: Mr. D.P. Singh, Ms. Sonam Gupta,
                                 Mr. Anurag Tandon, Mr. Saumay
                                 Kapoor, Advocates with AR Mr.
                                 Sandeep Malik. (M:8375849491)
                       versus
      ALKEM LABORATORIES LTD.                        ..... Defendant
                       Through: Mr. Sandeep Sethi, Mr. Jayant Mehta,
                                 Sr. Advocates with Ms. Ishani
                                 Chandra, Ms. Srijan Uppal and Mr.
                                 Sagar Chandra, Advocates.
                       AND
+     CS(COMM) 1050/2018 & I.As.10101/2018, 3637-41/2020,
      11441/2021, 11451/2021, 12887/2021, 14222/2021, 14475/2021,
      15514/2021 & O.A. 42/2020
      ALKEM LABORATORIES LTD.                            ..... Plaintiff
                       Through: Mr. Sandeep Sethi, Mr. Jayant Mehta,
                                 Sr. Advocates with Ms. Ishani
                                 Chandra, Ms. Srijan Uppal and Mr.
                                 Sagar Chandra, Advocates.
                       versus
      ALCHEM INTERNATIONAL PVT. LTD.                  ..... Defendant
                       Through: Mr. D.P. Singh, Ms. Sonam Gupta,
                                 Mr. Anurag Tandon, Mr. Saumay
                                 Kapoor, Advocates with AR Mr.
                                 Sandeep Malik.
      CORAM:
      JUSTICE PRATHIBA M. SINGH
                 ORDER

% 20.05.2022

1. This hearing has been done through hybrid mode. I.A. 3637/2020 in CS(COMM) 1050/2018

2. This is an application filed on behalf of the Plaintiff - Alkem CS(COMM) 412/2020 & CS(COMM) 1050/2018 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.05.2022 18:01:48 Laboratories Ltd. seeking certain clarifications.

3. I.A.3637/2020 is disposed of as infructuous. I.As. 3638/2020 & 11441/2021 in CS(COMM) 1050/2018

4. These are applications for file additional documents. The said additional documents sought to be placed on record by both the parties are taken on record, subject to any objections on behalf of either side. If both the parties wish to file any rebuttal documents, they shall file the same, on or before 5th July, 2020, failing which the right to file documents shall be closed for both sides.

5. I.A. 3638/2020 & 11441/2021 are disposed of. O.A. 42/2020, I.As. 3640-41/2020 in CS(COMM) 1050/2018

6. Both the affidavits in evidence are taken in record. The questions raised in this appeal qua the Joint Registrar's order dated 5th March, 2020 shall be considered at a later stage, if required, as the Plaintiff's evidence has been filed, and the Defendant has also filed its rebuttal evidence.

7. O.A. 42/2020, I.As. 3640-41/2020 are disposed of. I.As. 11451/2021 & 12887/2021 in CS(COMM) 1050/2018

8. Ld. Counsel for the Plaintiff submits that these are applications for early hearing. These applications have become infructuous.

9. Accordingly, I.As. 11451/2021 & 12887/2021 are disposed of as infructuous.

CS(COMM) 412/2020 & I.As. 8911/2020, 14221/2021 I.As. 10101/2018, 3639/2020, 14222/2021, 14475/2021 & 15514/2021 in CS(COMM) 1050/2018

10. Certain proposals have been placed before the Court by the Defendant. It appears on the basis of the submissions made that an amicable resolution of the disputes between the parties ought to be explored in the CS(COMM) 412/2020 & CS(COMM) 1050/2018 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:23.05.2022 18:01:48 matter, and the parties are referred to the Delhi High Court Mediation and Conciliation Centre (hereinafter 'Mediation Centre').

11. For the said purpose, the services of a senior mediator are required as there are several complex issues which need to be looked into. Accordingly, Mr. J.P. Sengh, ld. Senior Counsel [M:9810034286] is appointed as the Mediator.

12. It is made clear that senior officials, on behalf of both the parties, who are competent to take decisions shall participate in the mediation proceedings. Parties and their representatives to appear before the Mediation Centre either virtually or physically. The mediation proceedings may also be held during the summer vacation, subject to the convenience all concerned.

13. List before the Mediation Centre 30th May, 2022 at 4:00 p.m.

14. List before Court on 15th July, 2022.

15. These are part-heard matters.

PRATHIBA M. SINGH, J.

MAY 20, 2022 dj/ad CS(COMM) 412/2020 & CS(COMM) 1050/2018 Page 3 of 3