Delhi High Court - Orders
Cipla Health Limited vs Micro Labs Limited & Ors on 10 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1017/2025
CIPLA HEALTH LIMITED .....Plaintiff
Through: Ms. Tusha Malhotra and Ms.
Sugandha Yadav, Advocates
versus
MICRO LABS LIMITED & ORS. .....Defendants
Through: Mr. Hemant Daswani, Ms. Pranjal
Dhankar and Ms. Saumya Bajpai,
Advocates for D-1
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 10.10.2025 I.A. 25308/2025 (for modification of order dated 24.09.2025)
1. This is an application filed by the plaintiff under Section 151 of the Code of the Civil Procedure, 1908 ['CPC'] seeking modification of the order dated 24.09.2025.
2. It is stated that the applicant prays for modification in paragraph nos. 21, 22 and 26.1 of the said order dated 24.09.2025.
3. It is stated that the factual errors have crept into the order, and the application has been filed to set the record correct.
4. Issue notice. Learned counsel for the defendant no. 1 accepts notice.
5. He states that he has no objection to the relief and has suggested a further modification to para 21.
6. The plaintiff has no objection to the said modification proposed by 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 13/10/2025 at 23:07:58 defendant.
7. In view of the aforesaid submissions of the parties, paragraph nos. 21, 22 and 26.1 of the order dated 24.09.2025 is amended to read as under: -
"21. Plaintiff is the registered proprietor of the trademark Cofsils. Plaintiff is claiming common law rights in the subject trade dress/packaging of its Cofsils Lozenges and Cofsils Cough Syrup. It is noted that the pictures of the Defendant's product sold under impugned mark/trade dress/packaging have been set out at para '73' at pages 58 to 61 of the plaint.
22. Accordingly, the Plaintiff has made out a prima facie case for grant of an ad-interim injunction. The Defendant(s) and their proprietors, their directors, partners or proprietors, subsidiaries, sister concerns etc. as the case may be, are restrained from manufacturing, packaging, selling, offering for sale or distribution, exporting, advertising, directly or indirectly dealing in medicinal products, or goods of any description bearing the impugned trade dress/packaging and/or any other marks that are identical or deceptively similar to the Plaintiffs COFSILS trade dress/packaging for Lozenges and Cough Syrups.
26.1 He states that he is merely a contract manufacturer for the Lozenges. He states that the Defendant no. 1 provides the packaging, and he only manufactures the product."
8. The changes have been highlighted in bold and some words have been deleted.
9. The order dated 24.09.2025 stands modified and shall be read with this order.
10. With these directions and corrections, the application is disposed of. CS(COMM) 1017/2025
11. List the matter before the Court on the date already fixed i.e., 19.11.2025.
MANMEET PRITAM SINGH ARORA, J OCTOBER 10, 2025/rhc/AM 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 13/10/2025 at 23:07:58