Galpha Laboratories Ltd vs Torque Pharmaceuticals Pvt. Ltd
2021 Latest Caselaw 1775 Bom

                                                     1/2                          30.nmcd-63-15.doc
         Digitally
Meera    signed by
         Meera M.
         Jadhav
M.       Date:
         2021.02.01
Jadhav   12:11:48

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         +0530


                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                               COMMERCIAL NOTICE OF MOTION NO.63 OF 2015
                                                   IN
                                    COMMERCIAL IP SUIT NO. 251 OF 2015


          Galpha Laboratories Ltd.                                 ....Plaintiff

                      V/s.

          Torque Pharmaceuticals Pvt Ltd.                          ....Defendant

          Mr. Himanshu Kane a/w Mr. Nikhil Sharma, Ms. Shaziya Tyabji and Ms.
          Vedangi Soman i/b W. s. Kane and Co. for Plaintiff;
          Mr. Gautam Ankhad a/w Mr. H. J. Engineer and Mr. Tarundeep Khaira i/b
          Gordhandas and Fozdar for Defendant.


                                               CORAM : K.R.SHRIRAM, J.

DATED : 27th JANUARY 2021

P.C. :

1 Mr. Ankad for defendant states that in view of the judgment of the

Apex Court in Nusli Neville Wadia Vs. Ivory Properties & Ors .1, the issue of

9A will have to be decided with the other issues under Order 14 of the CPC

1908, and, therefore, defendant be given 4 weeks time to file written

statement.

2 On or before 24th February 2021 written statement to be filed and

copy served on plaintiff.

3 On or before 3rd March 2021 parties shall file their respective affidavit

of documents and serve a copy thereof upon the other side, failing which

parties will not be permitted to rely on any document, copy whereof is not

1 2020 (6) SC 557

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annexed to the plaint and/or written statement and mentioned in the list of

documents annexed to the plaint and/or written statement. This will not,

however, prevent a party from confronting a witness of another party with

any document.

4 On or before 10th March 2021 inspection to be completed. If

inspection is not given, such party will not be permitted to rely on such

document. On or before 17th March 2021 statement of admission and denial

with reasons for denial to be exchanged. If the statement of admission and

denial is not given, parties shall be deemed to have admitted the existence

of all the documents of the other side.

5 Suit be listed for issues on 24 th March 2021 on which date parties

shall come with agreed draft issues and a separate list of issues on which

they are unable to agree. On the next date, if parties do not come with draft

issues, they are put to notice that parties will be put to terms.

(K.R.SHRIRAM, J)

Meera Jadhav