ASTRAZENECA AB & ANR v. P KUMAR & ANR

1. The present appeals are directed against the commonjudgment dated 8.8.2019 passed by the learned Single Judge dismissing interim applications filed by the appellants/plaintiffs under Order XXXIX Rules 1 & 2 CPC i.e. LA.3986/2018 in CS(COMM)749/2018,LA.4771/2018 in CS(COMM) 792/2018 and LA. 9332/2018 in CS (COMM) 1023/2018. The said judgment has also disposed of an application filed by the respondents/defendants in CS (COMM) 749/2018, under Order XXXIX Rule 4CPC,for seeking vacation ofthe ex-parte ad-interim injunction order dated 22.3.2019 granted in favour ofthe appellants/plaintiffs. We may note FAO(OS) (COMM)191/2019andconnectedmatters Page2of[5] that in all the three suits,the appellants/plaintiffs have prayed for amongst others, a decree for permanent injunction restraining the respondents/defendants from marketing, selling, distributing etc. any productthatinfringesthe subjectmatteroftheIndianPatents No.IN 209907 (in short'IN 907'),IN 247984(in short'IN 984')and IN 272674(in short 'IN 674').

2. In the impugned order, the learned Single Judge has held that the appellants/plaintiffs have failed to make out a prima facie case and observing that the balance of convenience is in favour of the respondents/defendants, the ex-parte ad interim orders passed in the respective suits infavour ofthe appellants/plaintiffs,have been vacated with a caveatthatthe respondents/defendants shall continue maintaining true and correct accounts relating to the sale of the impugned drug, "TICAGRELOR",which is sold or dealt with by them during the pendency of the suit proceedings. Further, the respondents/defendants have been directed to file quarterly accounts in the Court, duly supported by the affidavit ofone their Directors, affirming the veracity ofthe said accounts. They have also been directed to file accounts statements ofthe sale figures ofthe captioned drug,duly authenticated by their Chartered Accountant;on the basis oftheIncome Tax returns filed bythem.

3. Extensive arguments have been addressed by learned counsel for the parties in the present appeals over the past few dates. In the course ofthe said arguments,a suggestion was made by Mr. Anand,learned counsel for the appellants/plaintiffs for settling the matter relating to the interim injunction, pending disposal of the suits, which we had putacrosstothe FAO(OS) (COMM)191/2019andconnectedmatters Page3of[5] fV other side and adjourned the appeals forthem fo gather some information at our directions. Today,the requested information has been firmished to us and the interim arrangement proposed by the* counsel for the appellants/plaintiffs explored further. The matters were also passed over to enable counsel on both sides to obtain clear instructioiis from their respective clients. On the second call, learned counsel for the respondents/defendants state thatthe suggestion coming from the other side is acceptable to their clients. Accordingly,the present appeals are disposed ofon the following agreed terms;-

(i) Till 2.11.2019, the respondents/defendants agree that they shall not sellthe product"TICAGRELOR"inthe market.

(ii) After 2.11.2019, there shall be no restraint on the respondents/defendants to sell the product"TICAGRELOR",subject to the condition that they shall continue maintaining true and correct accounts in respect ofthe sale ofthe said drug,as ordered in para 85 ofthe impugned judgment dated 8.8.2019.

(ii) The appellants/plaintiffs agree that they shall not approach the Single

Judge in the suits instituted by them for seeking injunction against the respondents/defendantsin respects of'IN 984'and'IN 674'.

4. Having regard to the fact that the suits instituted by the appellants/plaintiffs againsttherespondents/defendants are commercial suits that are required to be decided expeditiously buthave not made any progress as the entire focus ofthe parties has been on the interim applications, it is deemed appropriate to direct a Case Managementhearing hithe suits.The FAO(OS) (COMM)191/2019andconnectedmatters Page4of[5] partiesrequestthatthe suits may be directed to belisted on an actual,datefor the said purpose.

5. List the three suits referred to in para 1 above, before the learned Single Judge on 15.10.2019,for a Case Managementhearing.

6. Before parting with the case,it is made clear thatthe parties shall be entitled to take all the pleas in the suit as may be available to them,both on facts and in law.The learned Single Judge shall be at liberty to consider the respective claims of the parties on conclusion of the trial, and take an independent view, uninfluenced by the views expressed in the impugned judgment,which atthe end ofthe day,is only interim in nature.

7. The present appeals are disposed of on the above agreed terms alongwith the pending applications while leaving the parties to bear their own expenses. HIMAKOHLI,J ASHA MENON,J SEPTEMBER 6,2019 NA/rkb FAO(OS) (COMM)191/2019andconnected matters Page5of[5]