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2025 Supreme(Online)(Del) 48534
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
NOVARTIS AG – Appellant
Versus
VACHICHEM INTERNATIONAL PRIVATE LIMITED – Respondent
CS(COMM) 940/2025
For the Appellants/Petitioners: Mr. Hemant Singh, Ms. Mamta Jha, Mr. Siddhant Sharma, Mr. Rishabh Paliwal
The judgment established that exemptions from mediation and identity masking can be granted when urgency and potential irreparable harm are demonstrated.
Headnote:The Plaintiffs filed an application under Section 151 of the CPC for masking identities, fearing failure of Local Commission. The Court granted exemptions from pre-litigation mediation under the CC Act, emphasizing urgency. The Plaintiffs established a prima facie case for an ex-parte ad-interim injunction against the Defendant for infringing their patent on Ribociclib. The injunction restricts the Defendant from manufacturing or distributing the impugned drug. The Defendant is not permitted to engage in any business activities involving the patent during litigation.
| Table of Content |
|---|
| 1. application for identity masking due to apprehension of concealment. (Para 3 , 4 , 5) |
| 2. exemption granted for urgent relief under the cc act. (Para 7 , 8 , 10) |
| 3. details of the patent and its significance in the suit. (Para 31 , 34 , 36) |
| 4. establishment of a prima facie case for injunction. (Para 39) |
| 5. injunction prohibits defendant from infringing patent rights. (Para 40) |
ORDER
% 03.09.2025 I.A. 21810/2025 (Exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The Application stands disposed of.
I.A. 21811/2025 (Masking the identities)
3. This is an Application filed on behalf of the Plaintiffs under Section 151 of the Code of Civil Procedure , 1908 (“CPC”), seeking masking the identities of the parties.
4. The Plaintiffs apprehend failure of the Local Commission if the identity of the Defendant is revealed and have requested masking of identities of the Parties till the filing of the report of the Local Commissioner in compliance with the Practice Direction No.139/Rules/DHC dated 27.05.2025.
5. Exemption is granted, subject to all just exceptions.
6. Accordingly, the Application stands disposed of.
I.A. No. 21807/2025 (Exemption from pre-institution Mediation)
7. This is an Application filed by the Plaintiffs seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Suits under the Commercial Courts Act , 2015 (“CC Act”).
8. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi , 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.
9. The Application stands disposed of.
I.A. No. 21806/2025 (Exemption from advance service to the Defendant)
10. This is an Application filed by the Plaintiffs under Section 151 of the CPC, seeking exemption from advance service to the Defendant.
11. Mr. Hemant Singh, learned Counsel for the Plaintiffs, submitted that there is a real and imminent likelihood that the Defendant may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.
12. In view of the fact that the Plaintiffs have sought an urgent ex-parte ad- interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.
13. The Application is disposed of.
IA No. 21809/2025 (O-XI R-1(4) of the CPC)
14. The present Application has been filed on behalf of the Plaintiffs under Order XI Rule 1(4) of the CPC as applicable to the CC Act seeking leave to place on record additional documents.
15. The Plaintiffs are permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side)
Rules, 2018.
16. Accordingly, the Application stands disposed of.
CS (COMM) 940/2025
17. Let the Plaint be registered as a Suit.
18. Issue Summons. Let the Summons be served to the Defendant through all permissible modes upon filing of the Process Fee.
19. The Summons shall state that the Written Statement shall be filed by the Defendant within 30 days from the date of the receipt of Summons. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiffs, without which the Written Statement shall not be taken on record.
20. Liberty is granted to the Plaintiffs to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiffs, Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiffs, without which the Replication shall not be taken on record.
21. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
22. If any of the Parties wish to seek inspecti
