Natco Pharma Limited v. Union Of India And ORS.

15.07.2024 Court No.09 Item no.18 CP WPA No. 16643 of 2024 Natco Pharma Limited Vs.

Union of India & ors.

Mr. Jaydip Kar, Sr. Advocate Mr. Paritosh Sinha Mr. Amitava Mitra Mr. S. Dasgupta Ms. Amrita Majumder Ms. Mitul Dasgupta Mr. Soumya Sen Mr. M. Mukherjee Ms. Sonia Nandy ....for the petitioner.

Mr. Rabi Prosad Mookerjee Mr. Sunil Singhania .....for the respondent nos. 1,2 & 3.

Mr. Jishnu Saha, Sr. Advocate Mr. Debnath Ghosh Ms. Pubali Sinha Chowdhury Mr. Biswaroop Mukherjee Ms. Mini Agarwal ......for the respondent nos. 4 & 5.

Heard learned senior counsel for the respective parties. It is submitted by Mr. Saha, learned senior advocate for the respondent nos. 4 and 5, that at the hearing of the pre-grant opposition filed by Natco Pharma Limited, the evidence of experts, filed by the respondent nos. 4 and 5, will not be relied upon by the said respondents.

Thus, the authority is directed to consider the opposition of Natco Pharma Limited, without taking into account the six affidavits filed by the experts. It is further directed that the opposition of Natco Pharma Limited, shall be decided on the basis of records other than those relating to the proceedings of other objectors in which the affidavits of the experts had been either referred to or relied upon or discussed.

The writ petition is accordingly disposed of. There shall be no order as to costs.

All parties are to act on the basis of server copy of this order.

(Shampa Sarkar, J.)