Troikaa Pharmaceuticals Limited v. The Controller Of Patents And Designs

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL MISCELLANEOUS PETITION NO. 4 OF Troikaa Pharmaceuticals Ltd ..

Petitioner

Versus

The Controller of Patents and Designs and anr ..

Respondents ...

Mr. Siddhesh Pradhan i/b J Sagar Associates for the Petitioner. Mr.Advait Sethna a/w Ashutosh Mishra, Poushali Roychoudhary for respondents.

CORAM: BHARATI DANGRE, J.

DATED : 16th APRIL, 2024 P.C:- The Commercial Miscellaneous Petition is filed assailing the impugned order passed by the respondent no.2, thereby rejecting the patent application of the petitioner and also rejecting the review petition.

The learned counsel Mr. Advait Sethna representing the Controller of Patents and Design, make a statement on instructions, that it is ready to reconsider the application filed by the petitioner, by recalling the rejection order as well as the order rejecting the review.

Ashish

2/2 49 COMMP 4-24.doc The statement is made on the basis of the instructions received by learned counsel via email dated 27/02/2024, from the Controller of Patents and Designs.

Accepting the aforesaid statement, the petition is made absolute by setting aside the order dated 3/01/2020 as well as the order passed in Review Petition on 1/07/2023. Upon the orders being set aside, the application of the petitioner shall be considered afresh by the respondent on merits and appropriate order shall be passed within period of 8 weeks.

( SMT. BHARATI DANGRE, J.) Ashish