VIP PHARMACEUTICALS PVT LTD Vs. RHYDBURG PHARMACEUTICALS LIMITED

JUDGEMENT

(1.) Vide the present application, the defendant/ applicant seeks rejection of the plaint under Order VII rule 11 of the Civil Procedure Code, 1908 [hereinafter referred to as 'CPC'] read with Sec. 12 CPC read with Order XXIII rule 1 (4) CPC and in the alternative reject the plaint under Order VII rule 11 read with Sec. 10 CPC. (of defendant seeking dismissal of plaint)

(2.) Succinctly put, the defendant instituted CS(COMM.) 315/2019 entitled 'VIP Pharmaceuticals Pvt. Ltd. vs. Rhydburg Pramaceuticals Ltd.' [hereinafter referred to as 'Counter Claim'] against the plaintiff before the Rohini District Courts, Delhi [hereinafter called "District Court"]. Upon being served, the plaintiff herein filed its written statement and Counter Claim on 16/8/2019. After contesting the proceedings therein for more than three years, the plaintiff on 19/12/2022 withdrew its Counter Claim. The order of withdrawal of Counter Claim dtd. 19/12/2022 passed by the learned District Court is as under:-

(3.) Despite that, after a lapse of more than two months, on 27/2/2023 the plaintiff instituted the present suit and later on after more than five months, on 27/4/2023, filed an application seeking modification of order of withdrawal of Counter Claim dtd. 19/12/2022 to the effect that the same was dismissed with liberty to file a new case. The said application was dismissed vide order dtd. 1/3/2024 passed by the learned District Court as under:-