LAWS(DLH)-2023-1-118

PFIZER INC Vs. TRIVENI INTERCHEM PRIVATE LIMITED

Decided On January 24, 2023
Pfizer Inc Appellant
V/S
Triveni Interchem Private Limited Respondents

JUDGEMENT

(1.) This is an application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC). By this application, the plaintiff alleges that Defendant 1 (Triveni Interchem Private Limited, through its director Kamlesh Singh) is guilty of wilful and contumacious disobedience of order dtd. 21/10/2021, passed by this Court in I.A. 11916/2021 (preferred by the plaintiff under Order XXXIX Rules 1 and 2 of the CPC), whereby this Court had granted ad interim relief to the plaintiff and against the defendants in the following judgments:

(2.) Alleging that Defendants 1 and 2 (hereinafter "the defendants") had, by merely altering the packing in which Palbociclib was being sold by it, continued to indulge in sale of Palbociclib on its own website as well as on third party website, the plaintiff filed the present application for punishment of Kamlesh Singh, director of the defendants, for contempt.

(3.) Finding prima facie merit in the aforesaid contention, this Court, on 7/7/2022, passed a detailed order, paras 4 to 8 of which read thus: