The High Court of Judicature at Madras dismissed a court of original jurisdiction proceeding for condoning delay after the appellant withdrew the underlying patent appeal.
Petition for condonation of delay dismissed; appeal stands dismissed as withdrawn.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.11.2023
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
(T)CMP(PT)/36/2023 (T)CMA(PT)/SR.216/2023 (OA/SR.206/2014/PT/CHN)
Novartis AG Lichtstrasse 35
4056 Basel
Switzerland A Swiss Company.
... Appellant
-vs-
PRAYER in (T)CMP(PT)/36/2023 : Transfer Civil Miscellaneous Petition (Patents) is filed under Section 5 of the Limitation Act, praying to condone the delay 30 days in filing the appeal.
PRAYER in (T)CMA(PT)/SR.216/2023 : Transfer Civil Miscellaneous
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SENTHILKUMAR RAMAMOORTHY,J
rna
Appeal (Patents) is filed under Section 117-A of the Patents Act, 1970, praying that the order passed by the Respondent No.1 dated 19 February 2014 be set aside and the Application No.1003/CHe/2007 for patent be allowed to proceed to grant.
For Petitioner : Mr.Vijay Anand for M/s.De Penning and De Penning For Respondents : Mr.K.Subbu Ranga Bharathi, CGSC
ORDER
Learned counsel for the petitioner / intending appellant submits that he has been instructed to withdraw the appeal. A memo dated 07.11.2023 was filed for the said purpose. By taking note of the same, (T)CMP(PT)/36/2023 is dismissed. Consequently, the appeal stands dismissed as withdrawn at the SR stage.
09.11.2023
rna
Index : Yes / No Internet : Yes / No Neutral Citation: Yes / No
(T)CMP(PT)/36/2023 (T)CMA(PT)/SR.216/2023 (OA/SR.206/2014/PT/CHN)
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2 provisions across 2 enactments
Novartis AG
The Assistant Controller of Patents & Designs
Indian Pharmaceutical Alliance
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
