Morepen Laboratories Ltd v. Cadila Healthcare Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI & C.M.P.No.910 of 2022 in Morepen Laboratories Ltd., Morepen Village, Nalagarh Road Near Baddi District, Solan Himachal Pradesh - 173 220 Also at No.35 and 36, 2nd Avenue Anna Nagar, Chennai Tamil Nadu - 600 040 Also at No.9/2 C Block, 10th Street Anna Nagar East Chennai, Tamil Nadu - 600 102 ... Appellant Vs.
Cadila Heathcare Ltd., Zydus Corporate Park, Scheme No.63 Survey No.536, Nr.Vaishnodevi Circle S.G.Highway, Ahmedabad - 382 481 Rep. By its Authorized Signatory Mr.Hiren Trivedi 1/4
Also at Pioneer Sudharsan Plaza 2nd Floor, No.2, Mohan Kumaramanglam Street Nungambakkam High Road Nungambakkam, Chennai Tamil Nadu - 600 034 .. Respondent Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules read with 13 of Commercial Courts Act, 2015 against the order dated 29.07.2021 passed in O.A.No.171 of 2021 in C.S (Comm.Div.) No.111 of 2021 and substantially modified for the second time by order dated 21.10.2021.
For Appellants : Ms.Anusha Peri for Mr.R.Parthasarathy For Respondent : Mr.Adarsh Ramanujan
JUDGMENT
(Judgment of the Court was delivered by M.Sundar, J.) When the matter was taken up, Ms.Anusha Peri, learned counsel representing the counsel on record for appellant and Mr.Adarsh Ramanujan, learned counsel for sole respondent were before us.
2. Learned counsel for appellant submitted that the captioned 'Original Side Appeal' ['OSA' for the sake of brevity] is predicated against an interim order but the same has become infructuous as the main suit 2/4
itself has since been given a closure. Saying so, learned counsel has made an endorsement in the case file and a scanned reproduction of the same is as follows:
In the light of the narrative thus far, captioned OSA and captioned CMP are disposed of as closed/withdrawn having become infructuous. No costs.
(M.S.J.) (K.G.T.J.) 03.06.2024 Index:Yes/No gpa 3/4
M.SUNDAR.J., and K.GOVINDARAJAN THILAKAVADI, J., gpa & C.M.P.No.910 of 2022 03.06.2024 4/4