The Supreme Court has declined to interfere with an order passed by the Allahabad High Court in a dispute between JAMP India Pharmaceuticals Pvt. Ltd. and Jubilant Generics Ltd., holding that no error of law could be found in the impugned judgment.
The dispute arises out of a commercial suit instituted by Jubilant Generics Ltd. before the Commercial Court at Gautam Budh Nagar, alleging unauthorized use of its proprietary Product Dossiers relating to pharmaceutical formulations including Losartan, Amlodipine and Citalopram. According to the Allahabad High Court judgment, Jubilant asserted that these dossiers contained sensitive scientific, regulatory and technical data developed through substantial effort and investment, and were protectable as original works under the Copyright Act.
A Bench comprising Justices J.B. Pardiwala and K.V. Viswanathan observed that there was no error, much less any legal infirmity, in the High Court’s decision, and accordingly disposed of the Special Leave Petition.
While doing so, the Court clarified that the pending suit between the parties shall be decided independently and without being influenced by any observations made by the High Court in its judgment.
The Court also took note of submissions that the dispute between the parties had escalated into the filing of FIRs. In this regard, it granted liberty to the petitioner to avail appropriate legal remedies in accordance with law for seeking quashing of the FIRs before the competent forum.
In view of these observations, the Special Leave Petition and all pending applications were disposed of.
Appearances:
For Petitioner(s): Mr. Mukul Rohatgi, Sr. Adv.; Mr. Ankoosh Mehta, Adv.; Mr. Vikash Kumar Jha, Adv.; Ms. Mansi Chheda, Adv.; Mr. Shivam Tiwari, Adv.; Ms. Ena Kapur, Adv.; Mr. Aakash Agarwal, Adv.
For Respondent(s): Mr. Abhinav Mukherjee, Sr. Adv.; Ms. Kheyali Singh, AOR; Mr. Rohit Jain, Adv.; Mr. Nitin Sharma, Adv.; Mr. Angad Makkar, Adv.; Mr. Abhay Aren, Adv.; Mr. Amit Sibal, Sr. Adv.; Mr. Nishit Agrawal, AOR; Mr. Ramayni Sood, Adv.; Ms. Sakshi Dhingra, Adv.; Mr. Ankit Honda, Adv.; Ms. Kanishka Mittal, Adv.; Ms. Deepti Rathi, Adv.; Mr. L Zafeer Ahmad BF, AOR; Mr. Kushagra Sharma, Adv.; Ms. Purvi Mathur, Adv.; Mr. Abhimanyu Singh, Adv.
