JUDGMENT

Manmohan, J. - Reply affidavits have not been filed by the respondents despite opportunity having been granted.Learned counsel for the respondents prays for further time to file reply affidavits. However, keeping in view the fact that notices had been issued in the present matter on 26th August, 2021, this Court is of the view that the respondents have had sufficient time to file reply affidavits. Accordingly, the request for additional time to file reply affidavitsis declined.

2. It is pertinent to mention that the present appeal has been filed challenging the judgment dated 10th August, 2021 passed by the learned Single Judge in C.C. No.38 of 2012 filed in CS(COMM) No.977 of 2016, to the extent that it invalidates the Appellants patent, numbered Indian Patent Number IN240893 (hereinafter, "IN240893"), on the ground under Sections 64(1)(h) and (k) of the Indian Patents Act, 1970 (the "Act 1970"), while adjudicating, and decreeing, the Counterclaim.

3. Learned senior counsel for the Appellant states that there was no pleading with respect to the grounds of Section 64(1)(h) or Section 64(1)(k) of the Act, 1970 in the context of Section 10 of the Act, 1970. He states that no is