Cipla Limited vs Novartis Ag & Anr on 9 March, 2017
Author: Badar Durrez Ahmed
Bench: Badar Durrez Ahmed , Sanjeev Sachdeva
THE HIGH COURT ... 2015 & CM Nos.731/2015, 1288/2015, 2090/2015
CIPLA LIMITED ... Appellant
versus
NOVARTIS AG & ANR ... Respondents
Advocates who appeared in this case
relied upon a
Division Bench judgment in Pfizer Enterprises Sarl Vs. Cipla Ltd., 2009(39)
PTC 358(Del.)(DB) wherein it has been held ... analysis, there is no alternative but to conclude that
the Defendant Cipla Ltd. must be deemed to have admitted that
the Plaintiffs‟ products, including
Pfizer Enterprises Sarl
v. Cipla Ltd. 2008 Indlaw Del 1428 (Del.) (DB) to submit that for
adjudication on the question of territorial jurisdiction, the averments
Gold Rock World Trade Ltd. Vs. Veejay
Lakshmi Engineering Works Ltd. ; ( 2007) 143 DLT 113 (ii) F. Hoffmann-
La Roche Ltd., Switzerland and OSI Pharmaceuticals ... York Vs.
Cipla Ltd., Mumbai Central, Mumbai (2012) 195 DLT 641; and, (iii) L.T.
Overseas North America INC.Vs. Sachdeva & Sons Pvt. Ltd
filed.
14. I, in Sun Pharmaceuticals Industries Limited Vs. Cipla Limited 2009
(108) DRJ 207 had an occasion to deal with the question. The counsel
coordinate bench of this
Court to have in Novartis AG Vs. Cipla Ltd. (2015) 216 DLT 689 held it to
be settled law that
judgment of this court in the case of Thomas Cook
(India) Ltd. v. Hotel Imperial & Ors. , 127 (2006) DLT 431 to contend that
this ... judgment of Supreme Court in Union of India and ors. vs. Cipla
Ltd. and ors. 2017 (5) SCC 262. The Supreme Court in the said
Osnar Chemical Pvt. Ltd. 2012 (276) ELT
162 (SC); CIPLA Ltd. v. Commissioner of Central Excise, Bangalore 2008
(225) ELT 403 (S.C.) and Union ... also referred to the decision in Cipla Limited
v. Commissioner of Central Excise, Bangalore 2008 (225) ELT 403 (SC).
The central issue
13. The central
Delhi. Further, I may refer to Pfizer
Enterprises Sarl vs. Cipla Limited ILR (2009) II Delhi 676 this Court
observed:-
IA No.5518/2016 ... analysis, there is no alternative but to
conclude that the Defendant Cipla Ltd. must be
deemed to have admitted that the Plaintiffs‟
products, including
decision of a coordinate bench in UBC FARCHI
VS. CIPLA LTD. 167 (10) DLT 459 to contend that a High Court
would normally decline
