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$-69 & 70 HIGH COURT OF DELHI
FAO(OS) 425/2015
BIOCON LIMITED
Through
FAO(OS) 425/2015
BIOCON LIMITED
Through
VERSUS
Appellant MrAbhishek M.Singhvi, Senior Advocate with
MsPratibha M.Singh, Mr VijayK.Sopdhi, Mr Sanjay Kumar, Mr Mayank Grover, Ms Cauveri
Birbal, Mr Anshul Sehgal, MrArjunSawhney, Ms Pallavi Sharma and Ms Suhasini Raina, Advocates.
ROCHE PRODUCTS (INDIA) PRIVATE LIMITED &ORS Respondents
Through; MrRajiv Nayar, Senior Advocate - MrSandeep Sethi, Senior Advocate with
MrDarpan Wadhwa, MsNitiDixit, Mr N.Mahabir, Ms Samiksha Godiyal, MrAnugrahRobin Frey andMsRoshni
Namboodiry, Advocates.
MrSanjay Jain, Additional Solicitor General with Mr Amit Mahajan, Central Government
Standing Counsel, MsAastha Jain and Ms ShreshthaJain, Advocates for R-6/DCGL
MsPratibha M.Singh, Mr VijayK.Sopdhi, Mr Sanjay Kumar, Mr Mayank Grover, Ms Cauveri
Birbal, Mr Anshul Sehgal, MrArjunSawhney, Ms Pallavi Sharma and Ms Suhasini Raina, Advocates.
ROCHE PRODUCTS (INDIA) PRIVATE LIMITED &ORS Respondents
Through; MrRajiv Nayar, Senior Advocate - MrSandeep Sethi, Senior Advocate with
MrDarpan Wadhwa, MsNitiDixit, Mr N.Mahabir, Ms Samiksha Godiyal, MrAnugrahRobin Frey andMsRoshni
Namboodiry, Advocates.
MrSanjay Jain, Additional Solicitor General with Mr Amit Mahajan, Central Government
Standing Counsel, MsAastha Jain and Ms ShreshthaJain, Advocates for R-6/DCGL
FAO(OS) 427/2015
MYLANINC AND ANR
Through:
Appellants Mr Amit Sibal, Senior Advocate with
Ms Gayatri Roy, MrNirupan Lodha and Mr Ayush Dhawan, Advocates for Appellants
No.l &2.
MYLANINC AND ANR
Through:
Appellants Mr Amit Sibal, Senior Advocate with
Ms Gayatri Roy, MrNirupan Lodha and Mr Ayush Dhawan, Advocates for Appellants
No.l &2.
VERSUS
DRUGS CONTROLLER GENERAL OF INDIA &ORS Respondents
Through : Mr Sanjay Jain, Additional Solicitor General with Mr Amit Mahajan, Central Government
Standing Counsel, MsAastha Jain and Ms Shreshtha Jain, Advocates for R-6/DCGL
Through : Mr Sanjay Jain, Additional Solicitor General with Mr Amit Mahajan, Central Government
Standing Counsel, MsAastha Jain and Ms Shreshtha Jain, Advocates for R-6/DCGL
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER o/o 04.08.2015 2015:DHC:11937-DB Cav. 802/2015 in FAO(OS) 425/2015
The learned counsel for the respondent/caveator is present.
The caveat stands discharged.
CM No.l3721/2015(exemption) in FAO(OS) 425/2015
CM No.l3749/2015rexemDtion) in FAO(OS) 427/2015
Exemptions are allowed, subjectto alljust exceptions.
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER o/o 04.08.2015 2015:DHC:11937-DB Cav. 802/2015 in FAO(OS) 425/2015
The learned counsel for the respondent/caveator is present.
The caveat stands discharged.
CM No.l3721/2015(exemption) in FAO(OS) 425/2015
CM No.l3749/2015rexemDtion) in FAO(OS) 427/2015
Exemptions are allowed, subjectto alljust exceptions.
FAO(OS) 425/2015 & CM Nos.l3720/2015(stav). 13722/2015(O.XLI R.27 r/w.S.151
CPQ
CPQ
FAO(QS) 427/2015 & CM No.l3748/2015rstav)
Wehaveheardthe learned counsel forthe partiesin these two appeals.
The order passed by the learned Single Judge and specifically what is stated in paragraph 45 ofthe impugned order is only modified to the extent that instead ofthe two weeks' advance notice, that is to be given under the said order, the learned counsel for the appellants point out that the approval has already been received on 28.07.2015 and that they intend to launch the product on 10.08.2015, this would be, in our view, sufficient compliance of the direction given by the learned Single Judge. In any event, the matter is now pending before the learned Single Judge and is to be taken up on 13.08.2015. All views, which have been expressed by the learned Single Judge in respect of lA
Nos.4649/2014, 11224/2015 and 11225/2015, areonly prima facie in nature. The parties are at liberty to move an application before the learned Single Judge. We also make it clear that we have not expressed any views on the merits ofthe matter.
The appeals stand disposed of.
BADAR DURREZ AHMED, J AUGUST 04, 2015 SAN, OtXxJ
\N5iEEV SACHDEVA, J 'sn' 2015:DHC:11937-DB
Wehaveheardthe learned counsel forthe partiesin these two appeals.
The order passed by the learned Single Judge and specifically what is stated in paragraph 45 ofthe impugned order is only modified to the extent that instead ofthe two weeks' advance notice, that is to be given under the said order, the learned counsel for the appellants point out that the approval has already been received on 28.07.2015 and that they intend to launch the product on 10.08.2015, this would be, in our view, sufficient compliance of the direction given by the learned Single Judge. In any event, the matter is now pending before the learned Single Judge and is to be taken up on 13.08.2015. All views, which have been expressed by the learned Single Judge in respect of lA
Nos.4649/2014, 11224/2015 and 11225/2015, areonly prima facie in nature. The parties are at liberty to move an application before the learned Single Judge. We also make it clear that we have not expressed any views on the merits ofthe matter.
The appeals stand disposed of.
BADAR DURREZ AHMED, J AUGUST 04, 2015 SAN, OtXxJ
\N5iEEV SACHDEVA, J 'sn' 2015:DHC:11937-DB
JUDGMENT