Hdt Bio Corp v. Emcure Pharmaceuticals Ltd

3_MP_8_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION MISCELLANEOUS PETITION NO. 8 OF 2023 HDT Bio Corp ...

Petitioner vs.

Emcure Pharmaceuticals Ltd.

...

Respondent Mr. Navdeep Dahiya, Ms. Ria Garg and Mr. Kenneth Martin for petitioner. Dr. Abhinav Chandrachud a/w. Ms. Monisha Mane Bhangale and Mr. Pranav Nair, i/by. Parinam Law Associates for respondent. CORAM : MANISH PITALE, J DATE : 8th JUNE, 2023 P.C. :

.

By order dated 28.03.2023, this Court refused to grant application of the petitioner for an attorney from the United States of America (USA) to conduct deposition in India and upheld the objections raised on behalf of the respondent in that regard. A retired District Judge, available at Pune, was appointed as Commissioner for conducting the commission and it was left to the Commissioner to fix the dates and commence recording of evidence, so as to complete the Commission at the earliest. 2.

The matter was listed for compliance today. Learned counsel for the petitioner submits that the Commissioner was informed that an application is moved on behalf of the petitioner before the concerned Court at USA for calling the witnesses for recording of evidence in the said Court at USA or for recording of evidence in some other jurisdiction, alongwith certain ancillary reliefs and directions. It appears that a copy of the application was also Digitally signed by PRIYA KAMBLI Date:

2023.06.09 14:12:39 +0530 PRIYA KAMBLI placed before the Commissioner. In that light, by email dated 18.05.2023, 1/2

3_MP_8_23.doc the Commissioner fixed the next date for recording of deposition of witnesses as 10.07.2023 and also stated that the fact of filing of such an application before the concerned Court at USA, may be brought to the notice of this Court.

3.

Today, learned counsel for the petitioner submitted that the recording of evidence by the Commissioner and compliance of the order of this Court may be deferred, in the light of the aforesaid application before the concerned Court at USA.

4.

This Court is of the opinion that mere filing of an application before the concerned Court at USA, cannot be a ground to defer recording of evidence in terms of the order of this Court. It would amount to violation of the order dated 28.03.2023 passed by this Court. Since the Commissioner has already fixed the next date of recording of evidence as 10.07.2023, this Court is not advancing the date. Nonetheless, the Commissioner is directed to complete the commission at the earliest and to start recording of evidence on 10.07.2023.

5.

The Commissioner need not defer the matter, only for the reason that the petitioner has filed the aforementioned application in the concerned Court at USA.

6.

The matter shall now be listed on 21.07.2023, for compliance. (MANISH PITALE, J) Priya Kambli 2/2