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2020 DAILYLAW 1838 (DEL)

MERCK SHARP AND DOHME CORP & ANR. v. MR. JAYESH MEHTA & ANR.

CONT.CAS(C)/880/2020 · 2026-01-15

Amit Sharma

Transfer Petitionbody2020

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 880/2020 & CM APPL. 38565/2022 MERCK SHARP AND DOHME CORP & ANR. .....Petitioners Through: Ms. Tusha Malhotra, Ms. Sugandha Yadav, Advs. versus MR. JAYESH MEHTA & ANR. .....Respondents Through: Mr. Rajiv Shukla, Ms. Shivani Kapoor, Mr. Sanjay Kumar, Ms. Manisha Brahma, Advs. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA O R D E R % 15.01.2026 1. This hearing has been done through hybrid mode. 2. The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, 1950 and Section151 of the CPC seeks the following prayers: - “i. Direct the Contemnors, to comply with the order of this Hon’ble Court dated February 02, 2015 passed in CS (OS No. 1768 of 2014; (ANNEXURE F (Colly) ii. Direct the Contemnors to take down the promotions for their infringing products and infringing listings from all third party websites, including but not limited to: a) http://www.drugsupdate.com/brand/showavailablebrands/1063; b) https://www.ndrugs.com/?s=sitar-m c) https://www.mims.com/india/drug/info/sitar-m/sitar-m%20tab d) https://chemistsmart.com/drug/sitar-m This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 11:58:08 e) https://www.drugs.com/international/sitagliptin.html f) https://www.wdrugs.com/?s=velmetia iii. Direct for an attachment of the property of the Contemnors located at: a) 504/A, 505/A, G.I.D.C. Estate, Wadhwan, Dist. Surendranagar, Gujarat – 363 035; b) Pharma complex, B/h. Marketing Yard, G.I.D.C., Wadhawan City, Dist. Surendranagar, Gujarat – 363 035 c) Shop No. 2, Bluebell Co-op Society, Next to Daffodil Hotel Royal Complex, Borivali (W), Mumbai, Maharashtra iv. Direct that the Contemnors be arrested immediately for the maximum period permissible under the law; v. Pass an order directing the Contemnors to pay such punitive costs and damages including the Contemnors liability to pay vide clause 2(iv) of I.A. No. 2258 of 2015, in light of the breach of their undertakings encapsulated in I.A. No. 2258 of 2015 and the order dated February 02, 2015 and as is deemed fit by this Hon’ble Court; vi. Direct that the costs of the present contempt proceedings as well as the legal costs of lawsuit be paid to the Petitioners by the Contemnors; vii. Pass any such other order(s)/penalties/measures as this Hon’ble Court may deem fit and proper.” 3. During the pendency of the proceedings the respondent (Jayesh Mehta) has since been passed away and an amended memo of parties was placed on record impleading the legal heirs of Mr. Jayesh Mehta. 4. Learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition with liberty to initiate appropriate proceedings, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 11:58:08 as available in law, with respect to the legal heirs of Jayesh Mehta. 5. Leave and liberty granted. 6. The present petition is dismissed as withdrawn and disposed of 7. Pending application(s), if any, also stands disposed of. 8. Needless to state that the petitioner will always be at a liberty to initiate appropriate proceedings in accordance with law, if available, in law. AMIT SHARMA, J JANUARY 15, 2026/kr This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/01/2026 at 11:58:08