TEVA PHARMACEUTICAL INDUSTRIES LTD Vs. NATCO PHARMA LIMITED

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(a) of the Code of Civil Procedure 1908 impugns the order dated 28th February, 2014 of the learned Single Judge (exercising ordinary original civil jurisdiction) of allowing IA No.10390/2012 of the respondent / defendant under Order 7 Rule 10 of the CPC and returning the plaint in CS(OS) No.3193/2012 filed by the three appellants / plaintiffs for presentation in the appropriate Court.

(2.) Notice of the appeal was issued and owing to the urgency expressed by the appellants on the ground that the protection afforded by the US Supreme Court to the appellants qua the patent to which the suit pertains is till 24th May, 2014 only, hearing was expedited. We have heard the counsels for the parties.

(3.) The suit from which this appeal arises was filed by the appellants / plaintiffs for the relief of permanent injunction restraining the respondent / defendant from manufacturing, selling, offering for sale, exporting or registering the product that has been held by the United States District Court to infringe the appellants / plaintiffs Indian Patent No.190759 and for ancillary reliefs of rendition of accounts and damages, pleading:-