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High Court of DelhiCS(COMM)/51/2019

Glenmark Pharmaceuticals Ltd. v. Nk Singh & ORS.

2019-09-13Joint Registrar (Judicial) Sh. Devender Kumar (Dhjs)2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 51/2019 & I.As. 12427-12429/2019 GLENMARK PHARMACEUTICALS LTD.

..... Plaintiff Through:

Mr.Pravin Anand, Mr.Dhruv Anand, Ms.Udita Patro and Ms.Kavya, Advs.

versus NK SINGH & ORS.

..... Defendants Through:

Mr.S. P. Singh, Mr.N. P. Singh, Ms.Neha Singh and Mr.Abhishek Raj, Advs. for D-1, 2 & 3.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 13.09.2019 I.A. 12680/2019 (for deletion of Defendant No.3) 1.

This is an application filed by the plaintiff under Order 1 Rule 10(2) read with Section 151 of CPC for deletion of defendant No.3 and impleadment of a new entity being Triveni Chemicals in terms of amended memo of parties as defendant No.3.

2.

Noting the contents of the application, the same is allowed and amended memo of parties is taken on record.

CS(COMM) 51/2019 & I.As. 12427-12429/2019 3.

Mr. N. P. Singh, Advocate, states that he shall appear for the newly added party being Triveni Chemicals / defendant No.3 and also states that the statement made by him on 12th September, 2019 may be treated as statement on behalf of newly added defendant No.3. The statement is taken on record. He further states that he shall file his vakalatnama either today or

by Monday, i.e. 16th September, 2019. The statement is taken on record. 4.

In view of the submission made by learned counsel for the defendant Nos. 1, 2 & 3, Mr. Anand states that he shall press the suit only for prayer 39(a). In other words he is not pressing prayers 39(b), 39(c) & 39(d). 5.

Noting the aforesaid submission, the suit is decreed in terms of prayer 39(a).

6.

As the plaintiff had filed evidence by way of an affidavit but the same was not tendered, the plaintiff shall be entitled to refund of court fee in terms of Section 16(A) of the Court Fee Act.

7.

The suit, along with all pending applications, is disposed of. 8.

The next date of hearing, i.e. 23rd September, 2019 stands cancelled. V. KAMESWAR RAO, J SEPTEMBER 13, 2019/bh