Centrient Pharmaceuticals India Private Limited v. Hinustan Antibioties Ltd.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16237 OF 2025 Centrient Pharmaceuticals India Private Limited ... Petitioner V/s.

Hindustan Antibiotics Limited ... Respondent ------ Mr. Sharan Jagtiani, Senior Advocate a/w Mr. Rahul Kothari, Mr. Abhishek Adke, Mr. Abhinav Bhushan, Ms. Deepali Joshi and Ms. Survi Agarwal for the Petitioner.

Mr. Arjun S. Pawar a/w Mr. Rohit Jain and Mr. Swapnil Pawar i/b RDS Legal & Co. for the Respondent.

------ CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 10th DECEMBER 2025 P.C.

1) Heard learned Counsel for the respective parties. 2) By this Petition, the Petitioner seeks the following substantive relief :- "(i) Issue a writ or direction to the Ld. Pune District Court (Commercial Court), and/or any other possible transferee Court, for expediting hearing of the Civil Miscellaneous Application N.100746 of 2015 and dispose/decide the same within a period of three months."

1/3

3) Mr. Sharan Jagtiani, learned Senior Counsel for the Petitioner submits that earlier this Court vide Order dated 25th April, 2023, had in para-31 observed as under :- "31. Both sides make complaints against the other that the Section 34 Application is not being heard. Mr. Puri, learned senior counsel for CPIPL informs us that the Section 34 Applications have been listed on 8th June 2023. To all this long history that we have tried to condense somewhat, we can only say now enough is enough. Both sides will proceed to a hearing on 8th June 2023 or so soon thereafter as the District Court can schedule a fixed time. We ordinarily would not do this but having regard to the amount of unnecessary time, energy and, needless to say, money being spent on this litigation, we request the learned Judge to dispose of Section 34 at his or her earliest convenience and preferably by the third week of July 2023. We do not encourage either side to file other applications. A final disposal of Section 34 one way or the other will make the position clear for both sides."

4) Mr. Jagtiani, learned Senior Counsel submits that the matter was listed 32 times before the learned District Judge since 2023, however, despite this Court Order, there has been no effective progress in the matter. He submits that the matter has been assigned to different Judges, in view of change in roster, as a result of which, the matter could not proceed.

2/3

5) We have perused the Order dated 23rd April, 2023. The proceedings are of year 2015. Considering what is disclosed to us, by the learned Senior Counsel for the Petitioner, the hearing of the Civil Miscellaneous Application No.100746 of 2015, is expedited. The same to be concluded within a period of six months from the date of receipt of this Order. We request, the learned Principal District Judge, to assign the said matter, i.e. Civil Miscellaneous Application No.100746 of 2015 and all connected applications thereto, to one Court, so that the matters can be disposed of expeditiously. 6) The Petition stands disposed of accordingly.

7) Needless to state, that we have not gone into the merits of the proceeding before the Trial Court.

8) All parties to act on the authenticated copy of this Order. (SANDESH D. PATIL, J.) (REVATI MOHITE DERE, J.) 3/3 RAJESH VASANT CHITTEWAN Date: 2025.12.17 13:51:15 +0530 RAJESH VASANT CHITTEWAN