SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2009 Supreme(Bom) 1764

ANOOP V.MOHTA
Novartis Vaccines & Diagnostics Inc. – Appellant
Versus
Aventis Pharma Limited. – Respondent


Advocates Appeared:
For the Petitioner:T. Andhyarujina, Sr. Counsel with Zal Andhyarujina, Sr.Counsel with Atul Rajadhyaksha i/b. M/s.Wakhariya & Wakhariya, Advocates. For the Respondent:D.J.Khambatta, Sr. Counsel with M. S. Doctor i/b. Bachubhai Munim & Co., Advocates.

Judgment :

1. The Petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, Arbitration Act) for the following prayer:-

a) this Hon’ble Court be pleased to grant an interim measure of protection by way of an interim injunction restraining the Respondent by itself and/or through its agents and/or servants from or in any manner distributing Verona.

2 Admittedly, there is an Arbitration clause in Joint Venture Agreement (for short, JVA) dated 22nd April, 1998, which reads thus“

13.10 Any dispute arising out of or in connection with this Agreement or any Related Agreement shall be resolved by the Parties in the following manner:

(a) Any Party may initiate resolution of such controversy by providing to the other Parties a brief and concise statement of the initiating Party’s claims, together with relevant facts supporting them, and referring to this Section 13.10 (a). For a period of sixty (60) days from the date of such statement, or such longer period as the Parties may agree in writing, the Parties shall make good faith efforts to settle the dispute. Such efforts shall include without limitation, full presentation of theParties’ respective position












































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top