Novartis Ag & ANR v. Cipla Ltd
$~38.
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 3812/2014 NOVARTIS AG & ANR ..... Plaintiffs Through: Dr. Shilpa Arora, Advocate with Mr. Ankit Arvind, Advocate versus CIPLA LTD ..... Defendant Through: Ms. Bitika Sharma, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
O R D E R
% 26.07.2016 1.
The present suit has been placed before the Court by the Registry, who has pointed out in the note dated 25.07.2016 that vide order dated 18.05.2016, a decree has been passed in terms of the settlement arrived at between the parties in respect of the suit and the counter-claim and in the course of preparing the decree-sheet, it was noticed that there is a typographical error in the second line of para 3 of the order dated 18.05.2016, where the affidavit/undertaking of Mr. R. Gopalakrishnan, Head-Corporate Affairs and India Generics of the defendant/company has been mentioned as dated 28.04.2016, whereas the correct date is 02.05.2016. 2.
Counsel for the defendant states that the aforesaid error has crept in the order due to the fact that the defendant has stated in prayer clause (i) of I.A. 5562/2016 that the suit may be disposed of in view of the affidavit CS(OS) 3812/2014
dated 28.04.2016 whereas the correct position is that the affidavit was sworn before the Notary Public, Mumbai on 02.05.2016, as would be apparent from a perusal of page 420 of the documents file. 3.
Counsels for the parties state that they have no objection to the necessary corrections being carried out in para 3 of the order dated 18.05.2016.
4.
Accordingly, para 3 of the order dated 18.05.2016 shall read as below:- "3. Learned counsel for the defendant has placed on record the original of the affidavit/undertaking dated 2nd May, 2016 of Mr. R. Gopalakrishnan, Head-Corporate Affairs and India Generics of the defendant company. The same is taken on record and exhibited as Ex.C-1."
5.
This order shall read as part and parcel of the order dated 18.05.2016. HIMA KOHLI, J JULY 26, 2016 rkb CS(OS) 3812/2014