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2023 Supreme(Del) 109

C. HARI SHANKAR
Pfizer Inc – Appellant
Versus
Triveni Interchem Private Limited – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. Pravin Anand, with Ms. Tusha Malhotra and Ms. Richa Bhargava.
For the Defendants : Mr. Sandeep Sharma, with Mr. Shailender Pratap Singh, Mr. Anand Darshan, Mr. Amit Choudhary, Mr. Sarthak M., Ms. Kanika Mitra and Mr. Om Batra, Mr. Naman Joshi.

ORDER :

I.A. 10246/2022 (under Order XXXIX Rule 2A)

1. This is an application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC). By this application, the plaintiff alleges that Defendant 1 (Triveni Interchem Private Limited, through its director Kamlesh Singh) is guilty of wilful and contumacious disobedience of order dated 21st October 2021, passed by this Court in I.A. 11916/2021 (preferred by the plaintiff under Order XXXIX Rules 1 & 2 of the CPC), whereby this Court had granted ad interim relief to the plaintiff and against the defendants in the following judgments :

    “17. In view of the aforesaid, the following interim directions are passed, to remain in force till the next date of hearing or pending further orders passed by this Court:

(i) Defendant Nos. 1 and 2 are restrained from making, selling, distributing, advertising, exporting or importing or in any manner directly or indirectly dealing with any product, which has, as an ingredient, Palbociclib or any pharmaceutically acceptable salt thereof, as would infringe the plaintiffs' suit patent IN 218291.

(i

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