Back
C. HARI SHANKAR
Pfizer Inc – Appellant
Versus
Triveni Interchem Private Limited – Respondent
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 :
(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
Willful disobedience of court orders, even if later complied with, can lead to significant penalties to uphold the authority of the court.
The judgment establishes the principle that violation of injunction orders and patent infringement can lead to contempt of court under Order XXXIX Rule 2A of the CPC.
Interim orders cease upon the issuance of final judgments, impacting the enforceability of prior mandates.
The maintenance of court authority requires strict compliance with injunctions, where violations result in contempt, meriting imprisonment and property attachment.
(1) Contempt of Court – Power of contempt ought to be exercised with caution, care and sparingly – Contempt proceedings are sui generis inasmuch as Law of Evidence and Code of Criminal Procedure, 197....
The court established that third parties can be held liable for contempt if they knowingly assist in violating court orders, reinforcing the court's authority to enforce compliance.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
