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Delhi High Court - Orders

Bayer Cropscience Aktiengesellschaft vs Deputy Controller Of Patents And ... on 19 July, 2024

                            $~22
                            *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +      W.P.(C)-IPD 21/2024 & CM Nos. 71/2024, 72/2024 & 73/2024
                                   BAYER CROPSCIENCE AKTIENGESELLSCHAFT .....Petitioner
                                                      Through:     Mr. L. Badrinarayan with
                                                                   Mr. Prashant Phillips, Ms. Vindhya S.
                                                                   Mani, Ms. Surbhi Nautiyal, Ms.
                                                                   Harshita Agarwal and Ms. Naina
                                                                   Gupta, Advocates.
                                                                   (M): 9717065125

                                                      versus

                                   DEPUTY CONTROLLER OF PATENTS AND DESIGNS AND
                                   ANR                                     .....Respondents
                                               Through: Mr. Harish Vaidhanathan Shankar,
                                                         CGSC with Mr. Srish Kumar Mishra
                                                         and Mr. Alexander Mathai Paikaday,
                                                         Advocates.
                                                         (M): 9810788606
                                                        Mr. Hariharan Subramaniam with
                                                        Mr. Sanuj Das and Ms. Aditi
                                                        Subramaniam, Advocates for
                                                        respondent no. 2.
                                                        (M): 9899844920


                                   CORAM:
                                   HON'BLE MS. JUSTICE MINI PUSHKARNA
                                                      ORDER

% 19.07.2024

1. After some arguments, learned counsel appearing for the petitioner seeks liberty to withdraw the present petition, with liberty to file an appeal under Section 117 of the Patents Act, 1970, taking all the grounds in the said Signature Not Verified Digitally Signed By:CHARU CHAUDHARY Signing Date:20.07.2024 17:11:44 appeal, which have been taken in the present petition.

2. Liberty is so granted.

3. Accordingly, the present petition is dismissed as withdrawn, with liberty to file a statutory appeal.

4. At this stage, learned counsel appearing for the petitioner submits that since the present writ petition has been filed, the appeal, which now would be filed by the petitioner, would be accompanied with an application for condonation of delay.

5. Liberty is granted.

6. Upon filing of the condonation of delay application, the same shall be considered, on its merits.

7. With the aforesaid directions, the present petition is disposed of, along with pending applications.

MINI PUSHKARNA, J JULY 19, 2024 c Signature Not Verified Digitally Signed By:CHARU CHAUDHARY Signing Date:20.07.2024 17:11:44