ORDER

% 24.01.2023 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.

(ii) Defendant Nos. 1 and 2 are further directed to remove, from their websites, any indication that they are marketing or offering for sale Palbociclib or any pharmaceutically acceptable salt thereof, forthwith.

(iii) Defendant Nos. 1 and 2 are directed to remove any references to products claimed under the subject matter of the suit patent IN 218291 from their websites and to ensure that the said product is not sold or advertised by them through any third party's websites.

(iv) Defendant No. 3 is directed to delist and permanently remove all advertisements and names relating to Palbociclib API in powder form sold by the Defendant Nos. 1 and 2, or any of its employees, officers, servants, agents, associate and group companies from its platform.

(v) Defendant Nos. 1 and 2 are further directed to disclose, to this Court, the details regarding the earnings made by them by sale of their Palbociclib products, under cover of an appropriate affidavit. The said details should the said defendants so choose, may be furnished in a confidential form.”

2. Alleging that Defendants 1 and 2 (hereinafter “the defendants”) had, by merely altering the packing in which Palbociclib was being sold by it, continued to indulge in sale of Palbociclib on its own website as well as on third party website, the plaintiff filed the present application for punishment of Kamlesh Singh, director of the defendants, for contempt.

3. Finding prima facie merit in the aforesaid contention, this Court, on 7th July 2022, passed a detailed order, paras 4 to 8 of which read thus:

“4. The Court has perused the online listings, which are extracted in the application. It is clear that the Defendant No. l- Triveni Interchem Private Limited, has uploaded fresh listings of the product 'Palbociclib', on Defendant No. 3 - IndiaMart Intermesh Ltd. 's, online platform. Defendant No. 2 i.e Triveni Chemicals, is a sole proprietorship of Mr. K. K. Singh.

5. Mr. Rao, Id. Counsel appearing for IndiaMart submits that his client would take down the fresh listings within 24 to 48 hours. It is made clear that if the Plaintiffs give notice of any further fresh listings to IndiaMart, the said listings shall also be taken down within 48 hours.

6. Insofar as the Defendant Nos.l & 2 are concerned, the said Defendants shall file a specific reply as to the manner in which these listings came to be put up by them on IndiaMart, especially with the altered packaging, as this Court is prima facie of the view that the changing of the packaging shows deliberate and conscious conduct of the Defendant Nos.l &2.

7. Accordingly, Mr. Kamlesh J. Singh shall file a specific affidavit in response to the said contempt application within two weeks.

8. Mr. Kamlesh J. Singh shall also remain present in Court