CS(COMM) 799/2026 p. 1 $~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 799/2026 NOVARTIS AG & ANR. .....Plaintiffs Through: Mr. Hemant Singh, Ms. Mamta R. Jha, Mr. Manish Kumar Mishra, Mr. Rohan Ahuja, Ms. Akansha Singh, Ms. Shruttima Ehersa, Mr. Abhay Tandon, Mr. Rishabh Paliwal, Mr. Shreyansh Gupta, Mr. Sanchit Sharma, Ms. Kriti Chulet and Ritik Gawali versus TORRENT PHARMACEUTICALS LIMITED .....Defendant Through: Mr. P.S. Manjunathan, Advocate. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 29.07.2026 I.A. 19953 and 19955/2026 (Exemptions) 1. Allowed, subject to all just exceptions. 2. Applications stand disposed of. I.A. 19950/2026 (for pre-institution mediation) 3. This application is filed on behalf of the Plaintiffs under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation. 4. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiffs 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 30/07/2026 at 14:44:55 CS(COMM) 799/2026 p. 2 from Pre-Institution Mediation. 5. Application is allowed and disposed of. CS(COMM) 799/2026 & I.As. 19949/2026, 19951-19952/2026, 19954/2026 6. Let plaint be registered as a suit. 7. This suit is filed on behalf of Plaintiffs inter alia seeking decree of permanent injunction restraining the Defendant and all others acting on its behalf from manufacturing, either itself or through third parties, using, stockpiling, importing, selling, offering for sale/supplying, exporting, distributing and/or directly or indirectly dealing in Active Pharmaceutical Ingredient (API), pharmaceutical products or formulations containing Dabrafenib by itself or Dabrafenib in salt or in crystalline or in any other form, standalone or in combination with any other compound either in an API or as any other drug formulation including Dabrafenib mesylate or as dosage or in any other form, which amounts to infringement of Indian Patent No. 275655 (IN’655) of Plaintiff No.1. 8. Issue summons in the suit and notices in the applications. 9. Mr. P.S. Manjunathan, learned counsel appearing on behalf of the Defendant on advance service, accepts summons and notices and on instructions, submits that Defendant shall not manufacture for commercial purposes or launch any product containing the patented compound Dabrafenib during the validity of the suit patent IN’655. It is, however, submitted that Defendant’s rights under Section 107A of the Patents Act, 1970 to use Dabrafenib for the purpose of research, be protected. 10. Mr. Hemant Singh submits that in light of the undertaking given by the Defendant, the suit may be disposed of, binding the Defendant to the 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 30/07/2026 at 14:44:55 CS(COMM) 799/2026 p. 3 undertaking and Plaintiffs shall not press the monetary reliefs claimed in the suit. 11. Accordingly, statement made by Mr. P.S. Manjunathan on behalf of the Defendant is taken on record and accepted and needless to state that Defendant shall remain bound by the undertaking given to the Court and shall not commercially manufacture, launch, import, export or deal in any API, pharmaceutical products or formulations containing the patented compound Dabrafenib during the validity of IN’655. It is clarified that rights of the Defendant under Section 107A of the Patents Act, 1970 will remain protected and reserved, subject to compliance of the conditions of the said provision. 12. The suit is accordingly decreed in terms of the undertaking given by the Defendant, which shall form a part of the decree and disposed of along with pending applications. 13. Registry is directed to draw up the decree sheet. 14. Affidavit of undertaking shall be filed by the Defendant within a period of two weeks from today. JYOTI SINGH, J JULY 29, 2026/YA 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 30/07/2026 at 14:44:55