Hab Pharmaceuticals And Research Ltd v. Saviour Biotech Pvt Ltd And ANR

1/2 comip-26-08(7).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO.26 OF 2008 Hab Pharmaceuticals & Research Ltd.

..Plaintiff Vs.

Saviour Biotech Pvt Ltd. & Anr ..Defendants Mr. Alankar Kirpekar a/w Mr. Shekhar Bhagat I/b MAG Legal for Plaintiff Mr. H. W. Kane a/w Mr. Aasif Navodia and Ms. Vedangi Soman I/b H. W. Kane for Defendant No. 2.

CORAM : K.R.SHRIRAM, J.

DATE : 26th JUNE 2019 P.C.:

At the outset, Mr. Kripekar states that there is a chamber summons (l) no.747 of 2019 taken out by plaintiff which is pending. Mr. Kripekar states that this chamber summons is for leave to amend the plaint in view of the change of registered office of plaintiff. Mr. Kane states that the chamber summons can be allowed since it is only a formal amendment without prejudice to rights and contentions of defendant to challenge the jurisdiction.

Therefore, chamber summons allowed in terms of prayer clause (a), keeping open the rights and contentions of defendants. No consequential amendments are allowed. Chamber summons accordingly stands disposed.

Meera Jadhav

2/2 comip-26-08(7).doc Mr. Kane states that in the issues framed on 28th November 2013, the issue of jurisdiction has been missed out though it is in the written statement. Therefore, following issue be added as issue no.(i)(a) before issue no.(i) "(i)(a) Whether plaintiff proves that this court has jurisdiction to entertain and try this suit ?"

Since additional issue has been framed today, Mr. Kirpekar seeks leave to file further affidavit to prove jurisdiction. Leave granted. Affidavit to be file and copy served within one week from today. Stand over to 17th July 2019.

(K.R. SHRIRAM, J.) Meera Jadhav