The High Court of Bombay grantedleave to appeal underClause XIV of the Letters Patent. The court confirmed the ad-interim order as final and granted an interim order. Costs are reserved for the final hearing.
Leave to appeal was granted; the Notice of Motion was confirmed as final and an interim order was granted.
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.
279-NMS2111-16.DOC
ATUL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2111 OF 2016
IN
SUIT NO. 699 OF 2016
WITH
LEAVE PETITION NO. 140 OF 2016
Torrent Pharmaceuticals Private Limited…Plaintiffs
Versus
Bio Organics Private Limited & Another…Defendants
Mr. Hemant Thadani, i/b Krishna & Saurastri Associates, for the
Plaintiffs.
CORAM: G.S. PATEL, J DATED: 20th September 2016
PC:-
1. There was an ad-interim order dated 6th May 2016. The Court Receiver has executed his commission under that order. He found several packets bearing the infringing mark and label.
2. The Defendants have been served. There is no Reply and no appearance has been entered by the Defendants.
Page 1 of 2
20th September 2016
279-NMS2111-16.DOC
3.As regards the Petition for leave under Clause XIV of the
Letters Patent, for the reasons set out therein, it is made absolute in
terms of prayer clause (a).
4.For the reasons set out in the ad-interim order dated 6th May
2016, it is confirmed as a final order on this Notice of Motion. In
addition, now that leave under Clause XIV has been granted, there
will also be an interim order in terms of prayer clause (b) of the
Notice of Motion.
5.The Notice of Motion is disposed accordingly. In addition,
the Plaintiffs will be entitled to recover the actual costs of this
Notice of Motion at the final hearing of the Suit.
(G. S. PATEL, J.)
Page 2 of 2
20th September 2016
3 issues framed by the court
Whether leave to appeal under Clause XIV of the Letters Patent should be granted.
Whether the Notice of Motion should be confirmed as a final order and an interim order granted.
Whether costs of the Notice of Motion should be awarded to the Plaintiffs.
1 provisions across 1 enactments
Torrent Pharmaceuticals Private Limited
Bio Organics Private Limited
G. S. Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court