Macleods Pharmaceuticals Ltd v. The Union Of India And Others

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1184 OF 2018 IN WRIT PETITION NO. 2527 OF 1999 Macleods Pharmaceuticals Ltd.

...Applicant In the matter between Macleods Pharmaceuticals Ltd. & Anr.

...Petitioners

Versus

The Union of India & Ors.

...Respondents

---------- Mr. Ravi Gandhi, a/w Ms. Pavitra Pillay, i/by Kanga & Co., for the Applicant.

Mrs. R.A. Salunkhe, AGP, for the Respondents No. 3 & 4. ---------- CORAM :

ABHAY S. OKA AND RIYAZ I. CHAGLA, JJ.

DATE : 12 June 2018 1 / 3

ORDER :

1.

Not on board. Taken on board.

2.

The Affidavit of Service of notice of the Civil Application is tendered across the bar.

3.

Clause 15 of the judgment and order dated 12 September 2017 reads thus:- "We direct the Respondents to pay the Petitioners costs of Rs. 50,000/- for the loss caused to the Petitioners on account of the wrongful seizure of the subject formulations. The Petitioners are permitted to withdraw the amount deposited with the Registry pursuant to the interim order dated 4th May 1999 together with interest, if any, accrued thereon." 4.

We find from the Writ Petition that the same was 2 / 3

filed for the benefit of the 1st Petitioner Company and the 2nd Petitioner was impleaded only as the Chief Executive of the 1st Petitioner.

5.

Therefore, it is clarified that the amounts which are payable to the Petitioners under clause 15 shall be paid to the 1st Petitioner.

6.

Civil Application is accordingly disposed of. [RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.] 3 / 3