Sun Pharmaceutical Industries Limited v. Pace Biotech

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IPR SUIT NO. 346 OF 2023 WITH INTERIM APPLICATION (L) NO. 31098 OF 2023 WITH INTERIM APPLICATION NO. 103 OF 2024 Sun Pharmaceutical Industries Limited ...Plaintiff

Versus

Pace Biotech & Anr.

...Defendants ---------- Mr. Ashutosh Kane and Mr. Kanak Kadam i/by W.S. Kane & Co. for the Plaintiff.

Mr. Akshay R. Kapadia for the Defendants.

Ms. Charushila M. Vaidya, 2nd Asstt. Court Receiver present. Mr. Vikas P. Waghmare, Representative of Court Receiver present. ---------- CORAM : R.I. CHAGLA J DATE : 11 July 2024 ORDER :

1.

The Plaintiff and the Defendants have arrived at a settlement in the above Suit. The Consent Minutes of Order bearing SHARAYU PANDURANG KHOT today's date have been tendered and taken on record and marked 'X' Digitally signed by SHARAYU PANDURANG KHOT Date:

2024.07.16 17:58:08 +0530 for identification. The Consent Minutes of Order is signed by the Counsel for the Plaintiff and the Counsel for the Defendants. 1/4

2.

I am satisfied that the Consent Minutes of Order are in order, not contrary to law and have been drawn by the parties of their own volition in reflection of their true intentions. 3.

The undertakings, if any, in the Consent Minutes of Order being accepted as undertakings to the Court. 4.

This order is passed in terms of the Consent Minutes of Order marked X.

5.

Accordingly, Leave Petition (L) No. 25469 of 2023 is allowed in terms of prayer clause (a).

6.

The Suit is disposed of and decreed in terms of prayer clauses (a), (b) and (d) of the Plaint.

7.

In Clause 3 of the Consent Minutes of Order, the Defendants have agreed and undertaken that the impugned goods found at Defendant No. 2's premises during the execution of the exparte ad-interim order dated 21st September 2023, seized by the Court Receiver, and kept in the Defendants' premises, be destroyed. 2/4

8.

The parties have agreed that their representatives are entitled to remove the seal placed by the Court Receiver. Further, the destruction shall be carried out under the supervision of Advocate Shrikant Kompelli whose contact details has been given in the said clause. The Defendants have further agreed to pay costs and expenses of Rs. 30,000/- to the abovementioned Advocate before the date of destruction.

9.

In view thereof, the Court Receiver appointed by this Court upon the carrying out of the destruction, shall be discharged without drawing up accounts and on payment of costs, charges and expenses to be borne by the Plaintiff.

10.

Court Receiver's Report No. 393 of 2023 is disposed of.

11.

Interim Application (L) No. 31098 of 2023 and Interim Application No. 103 of 2024 do not survive and are accordingly disposed of.

12.

Drawn up decree/ order is dispensed with unless 3/4

the parties seek drawn up decree/ order, in which case they are entitled to apply.

13.

A soft copy of the Consent Minutes of Order will be uploaded as the second order in the matter. 14.

The Registry is to ensure that the hard copy of the signed Consent Minutes of Order is permanently retained on file as part of the record and is not sent for destruction in the ordinary course.

15.

Court fees are to be refunded in accordance with the Rules. For the purposes of Section 43 of the Maharashtra Court Fees Act and the proviso to that Section, today's date is the date of making a claim for repayment. The Prothonotary & Senior Master will issue a certificate for a refund of Court Fees computed according to the Rules. He will act on production of an authenticated copy of this order without requiring a separate application. [R.I. CHAGLA J.] 4/4