Alkem Laboratories Limited Vs Laborate Pharmaceuticals Ltd.

DATE OF JUDGEMENT: 17.06.2022
CASE NO: FAO (Comm) 94 of 2022
CASE TITLE: Alkem Laboratories Limited Vs Laborate Pharmaceuticals Ltd.
NAME OF HON'BLE COURT: Hon'ble High Court of Delhi(Division Bench)
NAME OF HON'BLE JUDGE: Hon'ble Justice Mr. Jyoti Singh+Anoop Kumar Mendiratta

Important Finding in the Decision: 1. The Appeal was filed by Defendant/Appellant where by the Ld. Trial Court declined to vacate the injunction order. The Ld. Trial court also rejected the application of Defendant under Section 151 CPC, seeking permission to sale the existing stock. Para 3

2. Preliminary objection is raised on behalf of the Plaintiff/Respondent with
regard to maintainability of the appeal on the ground that the relief of selling
the existing stock was sought by the Appellant in an application filed under
section 151 CPC and no appeal lies against an order passed under the said
provision. Para 6

3.The Court rejected the preliminary objection by observing A perusal
of the impugned order dated 09.06.2022, wherein the learned Trial Court has
rejected the prayer of the Appellant to sell the existing stock, clearly
indicates that the order has been rendered under Order 39 Rule 4 CPC.
While it is a matter of record and cannot be disputed that the prayer for sale
of existing stock was made in an application under section 151 CPC,
however, the decision thereon has been rendered as a part of the order under
Order 39 Rule 4 CPC, treating the said relief as an ancillary and/or
alternate interim relief. Para 12

4.The permission to sell existing product was granted as the product was schedule H drug and even Respondent did not challenge the quality of Appellant's product. Para 13

Ajay Amitabh Suman, IPR Advocate,
Hon’ble Delhi High Court,
ajayamitabh7@gmail.com,
9990389539