JUDGMENT (Oral)

C. Hari Shankar, J.

IA 5896/2023 (Section 10 of the CPC)

1. This judgment adjudicates IA 5896/2023, preferred by Respondent 2 Boehringer Ingelheim International GmbH ("Boehringer", hereinafter) under Section 10^{1[10. Stay of suit. - No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.Explanation. - The pendency of a suit in a foreign court does not preclude the Courts in India from trying a suit founded on the same cause of action.]} of the Code of Civil Procedure, 1908 (CPC), seeking stay of proceedings in the present revocation petition CO (Comm. IPD-PAT) 3/2021, preferred by the petitioners under clauses (a), (d), (e), (f), (h), (i), (k) and (m) of Section 64^{2[64. Revocation of patents.}