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C. HARI SHANKAR
Fmc Corporation – Appellant
Versus
Modern Insecticides Limited – Respondent
ORDER (Oral)
1. The defendant in this case already stands proceeded ex parte. During the pendency of the suit, the suit patent has expired. As such, Mr. Bitika Sharma, learned Counsel for the plaintiff submits, on instruction, that her client does not seek to continue to press this suit.
2. Accordingly, the suit is disposed of as having become infructuous.
Expiration of a patent can render a suit infructuous.
Rights to sue do not survive post-mortem, leading to dismissal of writ petition as infructuous.
The court ruled that when a suit has been disposed of, any petition seeking relief related to that suit becomes moot and is closed as infructuous.
Delay/Laches/Limitation - Delay of 582 days in filing application - “Sufficient Cause” is an elastic expression and no hard and fast guidelines are prescribed. Court, in its discretion, has to consid....
Bail application closed as matter became infructuous per counsel's submission.
Writ petition dismissed as infructuous upon counsel's submission that orders passed and nothing survives.
The right to defend one's case is prioritized, allowing the defendant to contest a suit after compensating for any prejudice caused to the plaintiff.
A suit becomes infructuous upon referral to arbitration, necessitating dismissal to prevent abuse of process.
The court allowed the withdrawal of the suit as per the plaintiff's request
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