Usv Ltd. v. Cadila Pharmaceuticals Ltd. Ba+

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 517/2004 & IA No.11654/2001 (u/O XXXIX R-1&2 CPC) USV LTD.

..... Plaintiff Through:

Mr. Hemant Singh & Mr. Shashi P.

Ojha, Advs.

Versus

CADILA PHARMACEUTICALS LTD.

..... Defendant Through:

Mr. Sushant Singh & Mr. Harsh Vardhan Pathak, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 17.01.2017 1.

This order is in continuation of yesterday's order. 2.

Mr. Sushant Singh, Advocate has appeared and has handed over in the Court correspondence exchanged by him with the defendant. The same is taken on record. He states that inspite of repeated reminders, the defendant has not reverted to him. He has specifically drawn attention to the communication dated 11th April, 2015 wherein Mr. Dushyant Pandya of the Legal Department of the defendant had informed Mr. Sushant Singh, Advocate that the defendant had launched the product but since the last 2/3 years was not using the brand and the concerned division was closed. 3.

From the aforesaid, it appears that the defendant is not interested in contesting the claim of the plaintiff.

4.

In the said state of affairs, a decree is passed in favour of the plaintiff and against the defendant in terms of prayer paragraph 18(a) of the plaint, leaving the parties to bear their own costs.

Decree sheet be prepared.

RAJIV SAHAI ENDLAW, J JANUARY 17, 2017/'gsr'..