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United Biotech Private Limited v. Orchid Chemicals and Pharmaceuticals Limited and Ors.

Upon hearing the learned counsel for the applicant, the judgment of this Court dated 29th November, 2017 passed in Civil Appeal Nos. 4767-4769 of 2011 and other connected matters is modified in the following terms.

(Ranjan Gogoi and Navin Sinha, JJ.)

United Biotech Private Limited ________________________ Appellant

v.

Orchid Chemicals and Pharmaceuticals Limited and Ors. ______________________________________________ Respondent(s)

And in the Matter of :

United Biotech Private Limited _________________________ Applicant

M.A. No. 1764 of 2017 In Civil Appeal No(s). 19938 of 2017, decided on January 17, 2018

The Order of the court was delivered by

Order

1. Upon hearing the learned counsel for the applicant, the judgment of this Court dated 29th November, 2017 passed in Civil Appeal Nos. 4767-4769 of 2011 and other connected matters is modified in the following terms.

(i) In paragraph 13, the words “The arguments advanced on behalf of the appellants in the appeals” shall be substituted by the words “The arguments advanced on behalf of the appellants in Civil Appeal Nos. 4767-4769 of 2001 and respondents in the appeal arising out of Special Leave Petition (Civil) No. 27309 of 2012”.

(ii) In paragraph 14, the words “In reply, on behalf of the respondent”, shall be substituted by the words “In reply, on behalf of the respondents in Civil Appeal Nos. 4767-4769 of 2001 and appellant in the appeal arising out of Special Leave Petition (Civil) No. 27309 of 2012”.

(iii) Paragraph 37 shall read as under:

37. In the light of the above while answering the question arising in the manner indicated above, we dismiss Civil Appeal Nos. 4767-4679 of 2001 and Civil Appeal arising out of Special Leave Petition (Civil) No. 1851 of 2009 and allow the civil appeal arising out of Special Leave Petition (Civil) No. 27309 of 2012.

2. The application is allowed in the above terms.

M.A. NO. 1764 OF 2017 IN CIVIL APPEAL NO(S). 19938 OF 2017

United Biotech Pvt. Ltd _____________________________ Petitioner

v.

Orchid Chemicals and Pharmaceuticals Ltd. & Ors ______ Respondent(s)

(FOR ADMISSION and IA No. 136840/2017-CLARIFICATION/DIRECTION ON 17.1.2018 AT 2.00 P.M.)

Date : 17-01-2018 This application was called on for hearing today.

(Before Ranjan Gogoi and Navin Sinha, JJ.)

For Petitioner(s) Mr. J. Sai Deepak, Adv.

Mr. Bharadwaj Jaishankar, Adv.

Mr. Mohit Goel, Adv.

Mr. Sidhant Goel, Adv.

Mr. Ashutosh Nagar, Adv.

Mr. P.D.V. Srikar, Adv.

Mr. Deepankar Mishra, Adv.

Mr. Mishra Saurabh, AOR

For Respondent(s) Mr./Ms. Gladys Daniels, Adv.

Mr. S. Santanam, Adv.

Mr. Swaminadhan, Adv.

Ms. Aarthi Rajan, Adv.

UPON hearing the counsel the Court made the following

ORDER

3. The application is allowed in terms of the signed reportable order.

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