The court upheld the issuance of summons for a counter-claim despite delays, affirming the defendant's right to amend pleadings and seek document discovery.

ORDER :

C.C. -------/2025 (to be numbered)

1. In the present suit, which has been instituted by the plaintiff qua the two patent numbers, being Indian Patent No. 244759 and Indian Patent No. 394883, granted on 20.12.2010 and 18.04.2022 respectively, though the defendant had been served on 07.10.2024 and the written statement was filed on its behalf on 07.01.2025, the present counter-claim has only been filed on 17.03.2025.

2. Be that as it may, the present counter-claim has been filed claiming the following reliefs:-

“a. Declare claims 1-6 of Patent No. 394883 as invalid, revoke the Patent No. 394883 and issue directions to remove the Patent No. 394883 from Register of Patents;

b. Declare claims 1-8 of Indian Patent No. 244759 as invalid, revoke the Indian Patent No. 244759 and issue directions to remove the Patent No. 244759 from Register of Patents;

c. Award the Cost of the present proceedings to the Counter-Claimant;

d. Pass any such further orders as this Hon'ble Court may consider appropriate 111 the facts and circumstances of the case.”

3. At the very outset, learned senior counsel for the plaintiff, opposes the issuance of summons in the present counter-claim on the ground that it is, per se, not maintainable in the eyes of law, having been filed after a lapse of two months from the date of filing of the aforesaid written statement.

4. However, since the issuance of summons would not create any fetters upon the right of the plaintiff to take any and all grounds/ defences qua the issue of the maintainability of the present counter-claim in its reply/ replication, as also while addressing arguments, this Court does not see any merit in the above argument of the learned senior counsel for the plaintiff.

5. Issue summons of the counter claim to the plaintiff.

6. Mr. Pravin Anand, learned counsel accepts summons on behalf of the plaintiff.

7. Learned counsel for the plaintiff seeks and is granted thirty days for filing written statement. Written statement be filed by the plaintiff along with affidavit of admission/ denial of documents of the defendant, without which the written statement shall not be taken on record.

8. Replication thereto, if any, be filed by the defendant within a period of fifteen days from the date of receipt of written statement. The said replication, if any, shall be accompanied by affidavit of admission/ denial of documents filed by the plaintiff, without which the replication shall not be taken on record within the aforesaid period of fifteen days.

9. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.

10. At this stage, learned counsel for the defendant submits that the defendant in the counter claim has included averments/ pleadings which are missing / nowhere pleaded in the original written statement filed by it, an amendment of which has never been sought till date.

11. In light of the above, learned counsel for the defendant seeks, and is granted, the liberty to refer to and rely upon certain judgments for contending that the scope of a counter claim can exceed that of a written statement.

12. List before the learned Joint Registrar for completion of pleadings on 26.05.2025.

I.A. 6983/2025-By defendant for discovery and production of documents

13. By virtue of the present application under Rule 2 of the Chapter VIII of the Delhi High Court (Original Side) Rules, 2018 and Order XI Rule 5 of the Code of Civil Procedure, 1908, the defendant seeks appropriate orders directing the plaintiff to disclose in an affidavit the details as mentioned in para 6 of the present application.

14. A perusal of the record reveals that even though the present application was listed before the predecessor Bench on 18.03.2025, no notice was issued. Today also, in the considered opinion of this Court, the same shall have no bearing on this Court proceeding to hear arguments on I.A.41600/2024.

15. List alongwith CS(COMM) 881/2024 on 07.04.2025, 08.04.2025 and 0