Allergan Inc v. M/S Bio Med Pvt Ltd & ANR

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C) 21/2016 & IA No.5055/2016 (for stay) ALLERGAN INC ..... Petitioner Through:

Mr. Deb Jyoti, Adv.

Versus

M/S BIO MED PVT LTD & ANR ..... Respondents Through:

Mr. Prateek Kumar Srivastava, Adv.

for R-1.

Mr. Krish Kalra, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.08.2016 IA No.5056/2016 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C) 21/2016 3.

In pursuance to the notice issued, the counsels for the respondents appear.

4.

This petition is for transfer back to this Court of CS(OS) No.32/2009 which was transferred to the District Court in pursuance to the Office Order dated 24th November, 2015 of Hon‟ble the Chief Justice in exercise of powers under Section 4 of the Delhi High Court (Amendment) Act, 2015. 5.

Vide subsequent Office Order dated 28th April, 2016, it was clarified that the suits falling under the first proviso to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 are to be retained in this Court. TR.P.(C) 21/2016

6.

Accordingly, the suit has to be tried by this Court. 7.

The suit is now stated to be pending before the Court of Sh. Gurvinder Pal Singh, Additional District Judge, Tis Hazari Courts, Delhi and is stated to be listed next on 15th September, 2016.

8.

The aforesaid suit is ordered to be transferred back to this Court and be restored either to its original number or to the new number as a commercial suit and be posted before the appropriate bench. 9.

The transfer petition is disposed of.

RAJIV SAHAI ENDLAW, J.

AUGUST 10, 2016 „gsr‟..

TR.P.(C) 21/2016