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2014 Supreme(Del) 3378

G.P.MITTAL
Novartis Ag – Appellant
Versus
Cadila Healthcare Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Gopal Subramaniam, Senior Advocate, Sunil Gupta, Senior Advocate, Hemant Singh, Mamta Jha, Manish Mishra, Shipla Arora and Kritika Seth, Advocate
For the Respondent:Prathibha M. Singh, Senior Advocate, Bijal Chhatrapati, Bitika Sharma, Anusuya Nigam and Vihan Dang, Advocate

JUDGMENT :

G.P. Mittal, J.

I.A. 16018/2014 (delay in filing the reply) & I.A. 17037/2014 (delay in filing the written statement)

1. These applications are for condonation of delay in filing the written statement and reply to the injunction application beyond the specified period of 90 days and the time as granted by the Court.

2. The Defendant applicant seeks extension of time in filing reply to the injunction application and written statement to the plaint. Admittedly, there is a delay of 45 days in filing the written statement beyond the period of 90 days. On behalf of the Defendant, it is submitted that the matter relates to a patent which covers the Type 2 Diabetes Mellitus (T2DM) compound named 'Vildagliptin'. The sum and substance of the ground taken by the Defendant for extension of time is that the Defendant had applied for certified copies of various patents which were relevant to the present dispute between the parties from the respective patent offices and the same were supplied to the Defendant only recently. It is further the case of the Defendant that the matter being highly technical had to be examined by the experts. Opinions from them were obtained and the requisite ma

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