Torrent Pharmaceuticals Limited v. Bio Organics Private Limited And ANR

279-NMS2111-16.DOC ATUL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2111 OF 2016 IN SUIT NO. 699 OF 2016 WITH LEAVE PETITION NO. 140 OF 2016 Torrent Pharmaceuticals Private Limited ...Plaintiffs

Versus

Bio Organics Private Limited & Another ...Defendants Mr. Hemant Thadani, i/b Krishna & Saurastri Associates, for the Plaintiffs.

CORAM: G.S. PATEL, J DATED:

20th September 2016 PC:- 1.

There was an ad-interim order dated 6th May 2016. The Court Receiver has executed his commission under that order. He found several packets bearing the infringing mark and label. 2.

The Defendants have been served. There is no Reply and no appearance has been entered by the Defendants. 20th September 2016

279-NMS2111-16.DOC 3.

As regards the Petition for leave under Clause XIV of the Letters Patent, for the reasons set out therein, it is made absolute in terms of prayer clause (a).

4.

For the reasons set out in the ad-interim order dated 6th May 2016, it is confirmed as a final order on this Notice of Motion. In addition, now that leave under Clause XIV has been granted, there will also be an interim order in terms of prayer clause (b) of the Notice of Motion.

5.

The Notice of Motion is disposed accordingly. In addition, the Plaintiffs will be entitled to recover the actual costs of this Notice of Motion at the final hearing of the Suit. (G. S. PATEL, J.) 20th September 2016