Ipca Laboratories Ltd. v. Rikon Pharmaceuticals Pvt.Ltd.

239-NMS-1789-2015.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1789 OF 2015 IN SUIT NO.165 OF 2015 IPCA Laboratories Limited ... Applicant In the matter between IPCA Laboratories Limited ... Plaintiff

Versus

Rikon Pharmaceuticals Private Limited ... Defendant Mr. Hemant Thadani, i/b Krishna and Saurashtri and Associates for the Plaintiff.

None, for the Defendant.

CORAM: G.S. PATEL, J DATED:

25th July 2016 PC:- 1.

The Leave Petition, Notice of Motion and Suit have been served. The Petition for leave under Clause XIV of the Letters Patent Act has been separately granted.

2.

There was an ad-interim order dated 6th January 2015. This has not been modified, recalled or set aside. An Affidavit of Service is tendered. It is dated 21st February 2015. It shows that the 25th July 2016

239-NMS-1789-2015.DOC Defendant was served with all papers on 22nd January 2015, and, on 27th January 2015, with the amended Plaint.

3.

The matter is listed at serial number 239 on the weekly board, one that was notified well in advance.

4.

None appears for the Defendant. There is Affidavit in Reply. 5.

For the reasons set out in the ad-interim order dated 6th January 2015, that order is confirmed as the final order on the Notice of Motion. In addition, now that Leave under Clause XIV of the Letters Patent has been granted, there will also be interim order on the Notice of Motion in terms of prayer clause (b). 6.

The Notice of Motion is disposed of in these terms. In addition, at the final disposal of the suit, the Plaintiffs will be entitled to apply for an order and decree against the Defendants for actual costs incurred on this Notice of Motion. (G. S. PATEL, J.) 25th July 2016