Laboratoires Griffon Private Limited and Anr. vs Adwin Pharma and Ors. — Bombay HC (2025) — LawSathi Research

Laboratoires Griffon Private Limited and Anr. vs Adwin Pharma and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final disposal of the interim application at this stage; compliance direction issued to Defendant No.2 to sign the undertakings/indemnity bound and the ASR's report within one week; application listed for hearing/disposal on 23 June 2025 (High on Board); ad-interim order to continue to operate till then.

Issue for consideration

Whether Defendant No.2 would sign the undertakings/indemnity bound and the Additional Special Receiver's report, its representative having refused to do so at the time of shifting of the sealed impugned products to the new premises. +1 more

Court's answer

Defendant No.2 directed to sign the undertakings/indemnity bound and also the report of the Additional Special Receiver within one week.

Ratio / Principle

Pleadings in the interim application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 are completed.

Key takeaways

The application is listed for hearing/disposal on 23 June 2025 (High on Board).ratio¶6
The ad-interim order is to continue to operate till the hearing/disposal on 23 June 2025.ratio¶7

Detailed headnote1 paragraphs

Procedural order in Commercial IP Suit No. 225 of 2024 (Laboratories Griffon Private Limited & Anr. v. Adwin Pharma & Ors.), Bombay High Court Commercial Division (Manish Pitale, J., 22 April 2025). By order dated 12 March 2025 the Court had permitted shifting of the impugned products to Defendant No.2's proposed new premises, to be effected in the presence of the Additional Special Receiver (ASR) and the plaintiff's representative. Per the ASR's report dated 24 March 2025, the shifting took place as permitted, but Defendant No.2's representative refused to give undertaking or sign the indemnity bound (stating he could not take responsibility for the sealed impugned products lying in the newly rented premises) and refused to sign the ASR's report. Defendant No.2 is now directed to sign the undertakings/indemnity bound and the ASR's report within one week. Pleadings in the interim application under Order XXXIX Rules 1 and 2 CPC are completed; the application is listed for hearing/disposal on 23 June 2025 (High on Board), with the ad-interim order to continue to operate till then.

bipin prithiani

1

22-ial-27480.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION (L) NO. 27480 OF 2024

WITH

LEAVE PETITION NO. 15 OF 2024

WITH

COURT RECEIVER’S REPORT NO. 441 OF 2024

WITH COURT RECEIVER’S REPORT NO. 15 OF 2024

IN

COMMERCIAL IP SUIT NO. 225 OF 2024 WITH

COMMERCIAL IP SUIT NO. 225 OF 2024

Laboratories Griffon Private Limited & Anr. Versus

… Plaintiffs

Adwin Pharma & Ors. … Defendants

Mr. Amit Jamsandekar a/w Kiran Mehta and Ms. Archita Gharat i/by Mr. Kiran J. Mehta for the Plaintiffs.

Mr. Rajeev K. Gupta for Defendant No.2.

CORAM: MANISH PITALE, J. DATE : 22^nd APRIL 2025

P.C. :

BIPINDHARMENDERPRITHIANI Digitally signed byBIPINDHARMENDERPRITHIANIDate: 2025.04.22 18:12:48 +0530

. By order dated 12^th March 2025, this Court, inter alia, granted permission for shifting of the impugned products to the proposed new premises where defendant No.2 intended to shift. This was to be done in the presence of Additional Special Receiver (ASR) and representative of the plaintiff.

bipin prithiani

2

22-ial-27480.24.doc

The learned counsel for the plaintiff informs this Court that as per report dated 24^th March 2025 submitted by the ASR, while the shifting of the impugned products did take place as per the permission granted by this Court, but the representative of defendant No.2 refused to give undertaking or sign the indemnity bound and it was stated that he could not take responsibility of the sealed impugned products lying in the newly rented premises. The said representative also refused to sign the report of the ASR.

The learned counsel for the defendant submits that the representative of the defendant No.2 was not aware about the requirements of law and therefore, unintentionally refused to sign the undertaking and the indemnity bound. It is submitted that the said acts can be undertaken.

In view of the above, defendant No.2 is directed to sign the undertakings/indemnity bound and also the report of the ASR within one week from today.

The pleadings in the application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, are completed.

List the application for hearing/disposal on 23^rd June 2025 (High on Board).

The ad-interim order shall continue to operate till then.

MANISH PITALE, J.