Pharmaceutical firm Cipla Tuesday moved the Delhi High Court, challenged its single judge bench's order temporarily restraining from manufacturing or selling any drug containing chemical indacaterol, used for treating chronic respiratory disease.
The matter was mentioned before a division bench of Justices Badar Durrez Ahmed and Sanjeev Sachdeva who fixed the matter for Wednesday for further hearing.
A single judge bench in its Jan 9 interim order, had restrained Cipla from manufacturing its drug being sold under the name of "Indaflo", but allowed it to sell the remaining stock lying with the company.
The order had come on a the plea of Switzerland-based Novartis AG which holds a patent for the Indacaterol maleate salt as well as the manufacturing process for the drug.
Novartis has sought Cipla be restrained from selling the generic version of the drug "Onbrez".
The court has said the restraint on Cipla would remain till its application for compulsory licence was decided by the relevant authority.