O.A. No.13/2017 in CS(COMM) No.29/2016 & O.A. No.14/2017 in CS(COMM) No.946/2016

1. The Chamber Appeal in both the suits has been preferred by Natco Pharma Ltd. (Natco) which is the sole defendant in CS(COMM) No.29/2016 and defendant No.2 in CS(COMM) No.946/2016 and are directed against the common order dated 30th January, 2017 of the Joint Registrar, allowing IA No.854/2017 and IA No.849/2017 of the plaintiffs, both under Order VII Rule 14 of the Code of Civil Procedure, 1908 (CPC) in the two suits, for filing additional documents.

2. The senior counsel for Natco and the counsel for plaintiff F. Hoffmann-La Roche Ltd. (Hoffmann) in both suits, have been heard at length.

3. Hoffmann filed CS(OS) No.2465/2009 (new number CS(COMM) No.29/2016) to restrain Natco from infringing the drug patent of Hoffmann. Hoffmann thereafter filed CS(OS) No.81/2010 (new number CS(COMM) No.946/2016) to restrain Dr. Reddy's Laboratories Ltd. (Dr. Reddy) and Natco, again from infringing the same patent. The need for impleading Natco in the second suit arose because Natco was supplying Dr. Reddy the active pharmaceutical ingredient.

4. Natco as well as Dr. Reddy filed counterclaim in the suits, impu