ORDER

% 20.12.2023

1. This hearing has been done through hybrid mode.

I.A.25691/2023 (for exemption)

2. This is an application filed by the Plaintiff seeking exemption from filing translated copies of documents into English language.

3. Exemption is allowed, subject to all just exceptions. Accordingly, application is disposed of.

I.A.25690/2023 (for exemption)

4. This is an application filed by the Plaintiff seeking exemption from filing typed copies of dim documents with proper margins, electronic documents, etc.

5. Exemption is allowed, subject to all just exceptions. Accordingly, application is disposed of.

CS(COMM) 912/2023 I.A.25689/2023 (for exemption)

6. This is an application filed by the Plaintiffs seeking exemption from filing originals documents. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

7. Exemption is allowed, subject to all just exceptions. Accordingly, application is disposed of.

I.A.25688/2023 (u/S 12A)

8. This is an application filed by the Plaintiffs seeking exemption instituting pre-litigation mediation under Section 12A of the Commercial Courts Act.

9. Considering the facts and circumstances of the case, which shows that the Defendants are repeated infringers, the Court is satisfied that in terms of the judgment of the Hon’ble Supreme Court in Yamini Manohar v. T.K.D Keerthi, (2023 LiveLaw (SC) 906), that the present suit contemplates urgent interim relief.

10. Accordingly, the exemption is allowed and application is disposed of.

I.A.25687/2023 (for additional documents)

11. This is an application filed by the Plaintiffs seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, ‘Commercial Courts Act’). The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.

12. The application is disposed of.

CS(COMM) 912/2023 CS(COMM) 912/2023

13. Let the plaint be registered as a suit.

14. Issue summons to the Defendant through all modes upon filing of Process Fee.

15. The summons to the Defendant shall indicate that the written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendant shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

16. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record.

If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

17. List before the Joint Registrar for marking of exhibits on 12th February,

2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

18. List before Court on 9th May, 2024 before the Roster Bench.

I.A.25686/2023 (u/O XXXIX Rule 1 and 2 CPC)

19. Issue notice.

20. The matter has been received on transfer in typed supplementary.

CS(COMM) 912/2023

21. The Plaintiff - Novartis AG has filed the present suit seeking permanent injunction restraining infringement of trade mark, passing off, rendition of account of profits, etc.

22. The Plaintiff seek protection of its house mark and name ‘NOVARTIS’ as also its logo. The said logo is as under:

23. The said mark is stated to have been coined by the Plaintiff in 1996 upon the merger of Ciba-Geigy AG and Sandoz AG. The mark has since then been used in respect of pharmaceutical and relat