Evervital Lifesciences Private Limited v. Septalyst Lifesciences Private Limited

16 ia 2844-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.2844 OF 2025 IN COMMERCIAL IP SUIT NO.91 OF 2023 Evervital Lifesciences Private Limited and Ors. In the matter between:

... Applicants.

Septalyst Lifesciences Private Limited ... Plaintaiff.

Versus

Evervital Lifesciences Private Limited and Ors. ... Defendants.

----- Mr. Pramod G. Kathane a/w. Amol A. Ghurde for the Applicants-Defendants. Mr. Subhradeep Banerjee i/by Sudhakar Pandaram for the Applicant/Plaintiff. Mr. Deepak S. Bhalerao, 2nd Assistant to Court Receiver. ----- Coram : Sharmila U. Deshmukh, J.

Date : August 14, 2025 P.C. :

1.

By order dated 5th August, 2025, the Court Receiver was directed to visit the Defendants' location at Kalyan and to de-seal the seized goods for the purpose of carrying out an inventory as regards the expired medicines. Subsequent thereto, the Court Receiver has submitted a report dated 13th August, 2025, which is taken on record. The Court Receiver has prepared an inventory of the expired medicines which is at page Nos.5 and 6 of the Court Receiver's Report. The Court Receiver's Report also indicates that the Court Receiver has retained samples of the inventory goods in one sealed carton in the sa_mandawgad 1 of

16 ia 2844-25.odt presence of the representatives of the Plaintiff and the Defendants. 2.

The Court Receiver is directed to hand over the retained samples which are duly sealed to the Plaintiff on "superdari". Insofar as the expired medicines are concerned, the Court Receiver is directed to hand over the same to the representatives of Mediwest Product Pvt. Ltd., which is an external agency chosen by the Defendant for the purpose of destruction of the expired medicines. The exercise to be carried out on 20th August, 2025 at the Defendants' location at Kalyan at 11:00 a.m.

3.

Stand over to 25th August, 2025, under the caption for "direction".

4.

If the expired medicines have been destroyed by Mediwest Product Pvt. Ltd. by the next date, the Defendant to produce the certificate of destruction on record on the next date. [Sharmila U. Deshmukh, J.] sa_mandawgad 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 21/08/2025 16:31:55