Disposed¶22

Exemed Pharmaceuticals v. Incyte Holdings Corporation & Ors.

Delhi HC18 Mar 2026FAO(OS) (COMM)/61/2026

Case brief

AI extract

What is this about?

Exemed Pharmaceuticals v. Incyte Holdings Corporation & Ors.; FAO(OS) (COMM) 61/2026; CM APPLs. 16916-16920/2026; disposal of appeal against ex parte ad interim injunction dated 19 December 2025 in I.A. 31851/2025; expedited hearing of interlocutory application fixed 8 April 2026; merits not examined; Single Judge to proceed uninfluenced; oral order dated 18 March 2026.

What did the court decide?

Appeal disposed of by consent; hearing of I.A. 31851/2025 advanced to 8 April 2026, with timelines fixed for the appellant's reply, any rejoinder, and exchange of four-page written submissions before the learned Single Judge. ¶22

Exemed Pharmaceuticals Vs Incyte Holdings Corporation & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

How should this appeal against the ex parte ad interim injunction in I.A. 31851/2025 be handled, given the underlying application is still awaiting decision by the learned Single Judge?

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Court's answer

The appeal is disposed of by advancing the next date of hearing of I.A. 31851/2025 before the learned Single Judge from 21 May 2026 to 8 April 2026.

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Ratio / Principle

Counsel for the appellant is to file the reply to I.A. 31851/2025 within two weeks, with any rejoinder to be filed before the next date of hearing before the learned Single Judge.

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Key takeaways

Counsel for the parties are to place short written submissions, not exceeding four pages each, on I.A. 31851/2025 before the learned Single Judge at least three days in advance of the next date of hearing, after exchanging copies.ratio¶20
The learned Single Judge is to decide I.A. 31851/2025 uninfluenced by any observation in the order dated 19 December 2025; this Division Bench has not examined the merits of the matter.ratio¶21

Detailed headnote1 paragraphs

Division Bench (C. Hari Shankar and Om Prakash Shukla, JJ.) of the High Court of Delhi, in FAO(OS) (COMM) 61/2026 (oral order, 18.03.2026), disposed of Exemed Pharmaceuticals' appeal against the ex parte ad interim injunction granted by the learned Single Judge on 19 December 2025 in I.A. 31851/2025 in favour of Incyte Holdings Corporation & Ors., expressly without examining the merits. Hearing of I.A. 31851/2025 was advanced from 21 May 2026 to 8 April 2026 at the appellant's request; appellant to file reply within two weeks and rejoinder, if any, before the next date; counsel for both sides to place exchanged written submissions (not exceeding four pages each) at least three days in advance. The Single Judge to decide the application uninfluenced by the order dated 19 December 2025.

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$~30

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- FAO(OS) (COMM) 61/2026, CM APPLs. 16916/2026, 16917/2026, 16918/2026, 16919/2026 & 16920/2026

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EXEMED PHARMACEUTICALS .....Appellant

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Through: Mr. Rahul Bhujbal and Ms. Shreem Choubey, Advs.

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versus

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INCYTE HOLDINGS CORPORATION & ORS. .....Respondents Through: Ms. Mamta Jha, Mr. Abhay Tandon, Ms. Kriti Chulet and Ms. Sadaf Rahman, Advs.

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CORAM:

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HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA

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ORDER (ORAL)

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% 18.03.2026

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C. HARI SHANKAR, J.

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1. This appeal challenges an ad interim order passed, by the learned Single Judge in I.A. 31851/2025, on 19 December 2025, granting ex parte ad interim injunction in favour of the respondents and against the appellant.

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2. The I.A. 31851/2025 is next listed before the learned Single Judge on 21 May 2026. Mr. Rahul Bhujbal who appears on behalf of the appellant is agreeable to a disposal of this appeal with a request to the learned Single Judge to hear and decide I.A. 31851/2025 on an

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Signature Not Verified Signed By:ANUBHAVFAO(OS) (COMM) 61/2026 TRIPATHI Signing Da te:2 3.03.2026 10:02:25

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earlier date, instead of 21 May 2026.

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3. In that view of the matter, we dispose of the appeal by advancing the next date of hearing before the learned Single Judge to 8 April 2026.

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4. The learned Counsel for the appellant undertakes positively to file his reply to I.A. 31851/2025 within two weeks from today, rejoinder thereto, if any, may be filed before the next date of hearing before the learned Single Judge.

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5. To expedite matters, we also direct learned Counsel for the parties to place short written submissions not exceeding four pages each on I.A. 31851/2025 before the learned Single Judge at least three days in advance of the next date of hearing, after exchanging copies with each other.

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6. Needless to say, the learned Single Judge would decide the application uninfluenced by any observation contained in the order dated 19 December 2025. We have also clarified that we have not examined the merits of the matter.

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7. The appeal is disposed of.

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C. HARI SHANKAR, J

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OM PRAKASH SHUKLA, J

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MARCH 18, 2026 / ss

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Signature Not Verified

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Signed By:ANUBHAVFAO(OS) (COMM) 61/2026 TRIPATHI Signing Da te:2 3.03.2026 10:02:25