M/S Arudra Engineering Private Limited v. M/S. Pathanjali Ayurved Limited And Another

A.Nos. 1539 & 1540 of 2020 in C.S.No.163 of 2020 C.V.KARTHIKEYAN,J., These two applications have been filed by the plaintiff seeking to implead the second respondent / proposed respondent as the second respondent in O.A.No.258 of 2020 and as second defendant in C.S.No.163 of 2020.

2. The learned senior counsel for the plaintiff would submit that Divya Yog Mandir Trust represented by its Trustee, having office at Patanjali Yog Peeth, Maharishi Dayanand Gram, Delhi Haridwar National High Way, Near Bahadrabad, Haridwar 249402, Uttarkhand is the manufacturer of the drug, 'Coronil' and impleading of the said proposed respondent is essential. The 1st respondent/defendant has filed two other applications in A.Nos.1532 and 1533 of 2020 seeking to suspend the interim injunction and to vacate the order of interim injunction granted by this Court on 17.07.2020. The learned senior counsel would submit that since in 1/3

this case, the actual manufacturer of the drug 'Coronil' is the proposed respondent/defendant, they are a necessary party.

3. The learned senior counsel for the 1st respondent/defendant would also affirm to that fact and it is stated that the learned counsel, Mr.P.Giridharan, would file vakalat on behalf of the proposed respondent/defendant.

4. In view of these facts, these petitions are allowed.

5. Registry is directed to amend both the plaint and O.A.No.258 of 2020 by impleading the second respondent / proposed respondent as the second respondent in O.A.No.258 of 2020 and as second defendant in C.S.No.163 of 2020.

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C.V.KARTHIKEYAN,J., kmm A.Nos. 1539 & 1540 of 2020 in C.S.No.163 of 2020 23/07/2020 3/3