HELSINN HEALTHCARE SA Vs. HETERO HEALTHCARE LIMITED

JUDGEMENT

(1.) This is an Application filed by the Plaintiffs under Sec. 151 of the Code of Civil Procedure, 1908 ("CPC") seeking condonation of delay of 13 days in filing the Replication to the Written Statement filed by the Defendant.

(2.) The Plaintiffs have filed the present Suit seeking permanent injunction restraining infringement of registered Patent No. 426553, damages, rendition of accounts and delivery up. The present Suit was listed for the first time before this Court on 30/4/2024 and this Court vide order dtd. 30/4/2024 granted an ad- interim injunction in favour of the Plaintiffs restraining the Defendant from selling, distributing or promoting, directly or indirectly in any manner, the Defendant's product 'NETUPIN' or any other medicinal or pharmaceutical product, which infringes the Plaintiffs' Patent. On 30/4/2024, the Plaint was registered as a Suit and the Summons were issued, which were served upon the Defendant on 21/5/2024.

(3.) The Defendant, thereafter, served and filed its Written Statement on 16/8/2024 vide Diary No. 3084263/2024. By order dtd. 23/8/2024, the learned Joint Registrar (Judicial) allowed the Defendant's application for condonation of delay in filing the Written Statement and directed that the Written Statement be taken on record, subject to payment of costs of 3,000/-.