SC notice to Aventis Pharma on Novartis plea
The Supreme Court today issued notice to Aventis Pharma Ltd on a petition filed by Novartis Vaccines & Diagnostics Inc seeking reference of a dispute over marketing of anti-rabies vaccine for arbitration.
By PTI |
NEW DELHI: The Supreme Court today issued notice to Aventis Pharma Ltd on a petition filed by Novartis Vaccines & Diagnostics Inc seeking reference of a dispute over marketing of anti-rabies vaccine for arbitration.
A bench headed by Justice A K Mathur sought response from Aventis (APL), a subsidiary of French company Sanofi Aventis.
Challenging a Bombay High Court judgement that dismissed its arbitration plea, Novartis said the High Court did not consider the malafide behaviour of APL which was in violation of the arbitration agreement.
"The single judge failed to consider the deliberate and willful acts of APL which were clearly planned to avoid entering into arbitration with the petitioner," Novartis's petition, filed through law firm Parekh and Co, stated.
The petition stated that the dispute between NVDI and APL arose under the shareholders' agreement dated April 22, 1998 to which Germany-based Novartis Vaccines and Diagnostics GmbH & Co. KG (formerly Chiron Behring GmbH & Co), Swiss conglomerate Novartis AG and Novartis India were not parties.
According to it, the arbitration plea was filed to assert the petitioner's rights under the shareholders' agreement and the joint venture (JV) agreement.
According to NVDI, it had entered into a JV agreement with APL on April 22, 1998 to establish Chiron Behring Vaccines Pvt Ltd (CBV), a JV for manufacture of rabies vaccine in India. As per the JV agreement, NVDI held 51 per cent in the JV and the balance was held by APL.
A bench headed by Justice A K Mathur sought response from Aventis (APL), a subsidiary of French company Sanofi Aventis.
Challenging a Bombay High Court judgement that dismissed its arbitration plea, Novartis said the High Court did not consider the malafide behaviour of APL which was in violation of the arbitration agreement.
"The single judge failed to consider the deliberate and willful acts of APL which were clearly planned to avoid entering into arbitration with the petitioner," Novartis's petition, filed through law firm Parekh and Co, stated.
The petition stated that the dispute between NVDI and APL arose under the shareholders' agreement dated April 22, 1998 to which Germany-based Novartis Vaccines and Diagnostics GmbH & Co. KG (formerly Chiron Behring GmbH & Co), Swiss conglomerate Novartis AG and Novartis India were not parties.
According to it, the arbitration plea was filed to assert the petitioner's rights under the shareholders' agreement and the joint venture (JV) agreement.
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According to NVDI, it had entered into a JV agreement with APL on April 22, 1998 to establish Chiron Behring Vaccines Pvt Ltd (CBV), a JV for manufacture of rabies vaccine in India. As per the JV agreement, NVDI held 51 per cent in the JV and the balance was held by APL.
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