Sun Pharma Laboratories Limited v. 3g Lifesciences And Another

A. No.3921 of 2024 in C.S. (Comm. Div.) No.135 of 2024 ABDUL QUDDHOSE.J., This Court, on the last hearing date, i.e., on 07.11.2024, recorded the fact that A. No.3921 of 2024 filed by the plaintiff seeking for appointment of advocate commissioner is still pending. On the last hearing date, the learned counsel for the plaintiff sought further time to get instructions with regard to A. No.3921 of 2024.

2. The plaintiff has now filed two other applications viz., A. Nos.6034 and 6035 of 2024, seeking to punish the respondents for the alleged disobedience of the order dated 01.08.2024 passed by this Court in O.A.Nos.520 and 521 of 2024. The learned counsel for the plaintiff would now submit that since according to the plaintiff, the respondents have willfully disobeyed the order dated 01.08.2024 passed by this Court in O.A.Nos.520 and 521 of 2024, A. No.3921 of 2024 seeking for appointment of advocate commissioner can be kept pending to await the result of A. Nos.6034 and 6035 of 2024. If at all this Court comes to a conclusion that 1/3

the respondents have disobeyed the order of this Court dated 01.08.2024 2/3

ABDUL QUDDHOSE.J., ab passed in O.A.Nos.520 and 521 of 2024, this Court can protect the interest of the applicant / plaintiff by permitting him to file an application seeking for appointment of advocate commissioner as prayed for in A. No.3921 of 2024.

3. Since A. No.3921 of 2024 was filed even prior to the filing of A. Nos.6034 and 6035 of 2024, the question of keeping A. No.3921 of 2024 pending will not arise since the cause of action for filing A. No.3921 of 2024 was not for willful disobedience of the order dated 01.08.2024 passed in O.A.Nos.520 and 521 of 2024. Therefore, no useful purpose will be served in keeping A. No.3921 of 2024 pending. Accordingly, A. No.3921 of 2024 is closed. If so required and if so found by this Court that there may be a necessity to appoint an advocate commissioner, this Court while adjudicating A. Nos.6034 and 6035 of 2024, shall appoint an advocate commissioner whenever any need arises for the same. 25.11.2024 ab A. No.3921 of 2024 in C.S. (Comm. Div.) No.135 of 2024 (1/2) 3/3