The Hon'ble Court decreed the suit against the first defendant as a compromise upon his personal appearance and undertaking, dismissing claims against the second defendant which were already disposed of.
Suit decreed against 1st Defendant in terms of prayer clauses (a) and (b); nothing survives against 2nd Defendant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
P3-SL188-16.DOC
SHEPHALI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L) NO. 188 OF 2016
Ajanta Pharma Limited…Plaintiff
Versus
Anchal Lifescience Pvt. Ltd. & Anr.…Defendants
Mr. Ashutosh Kane, a/w Ms. Niyati Davawalal, i/b W. S. Kane &
Co., for the Plaintiff.
Mr. Asim Hazra, representative of the Plaintiff, present.
Mr. Hiten Shah, Director fo Defendant No. 1.
CORAM: G.S. PATEL, J DATED: 7th July 2016
PC:-
1. Not on board. Mentioned. Taken on board.
2.Mr. Hiten Shah, a director of Defendant No. 1 is personally
present in Court. He submits to a decree in terms of prayer clauses
(a) and (b). He confirms that he has understood the implications of
this. The statement is accepted as undertaking to the Court.
3.The Suit is, therefore, decreed in terms of prayer clauses (a)
and (b) as against the 1st Defendant.
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7th July 2016
P3-SL188-16.DOC
4. Mr. Kane, on instruction, states that he does not press his claim for damages and other reliefs against the 1st Defendant.
5.As against the 2nd Defendant, the Suit was disposed of by an
order of 1st April 2016. Hence, nothing further survives in the Suit.
6.The Suit is disposed of in these terms. Refund of Court fees
in accordance with the Rules. Drawn up decrees dispensed with.
7. All concerned to act on an authenticated copy of this order.
(G. S. PATEL, J.)
Page 2 of 2
7th July 2016
Ajanta Pharma Limited
Anchal Lifescience Pvt. Ltd.
Anr.
G.S. PATEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court