Dwd Pharmaceuticals Limited vs Sun Pharmaceutical Industries Limited on 11 December, 2023

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Delhi High Court - Orders

Dwd Pharmaceuticals Limited vs Sun Pharmaceutical Industries Limited on 11 December, 2023

Bench: Prathiba M. Singh

                                    $~41
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           CS(COMM) 175/2023, I.As. 5924/2023, 8697/2023, 8704/2023,
                                                13257/2023, 22690/2023, 22949/2023 & 24681/2023

                                                DWD PHARMACEUTICALS LIMITED           ..... Plaintiff
                                                           Through: Mr. Karan Bajaj, Rupin Bahl and Ms.
                                                                    Aastha Arora Advs. (M. 9891098822)
                                                           versus

                                                SUN PHARMACEUTICAL INDUSTRIES
                                                LIMITED                                  ..... Defendant
                                                               Through: Mr. Sachin Gupta, Mr. Ajay Kumar,
                                                                        Mr. Manan Mandol, Mr. Rohit
                                                                        Pradhan, and Ms. Prashansa Singh,
                                                                        Advs. (M. 9811180270)
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                         ORDER

% 11.12.2023

1. This hearing has been done through hybrid mode. I.A. 22690/2023 (u/O. 1 Rule 1(10) CPC), 22949/2023 (u/O. VI Rule 17 CPC)

2. I.A. 22690/2023 is an impleadment application filed by the Plaintiff seeking to implead Sun Pharma Laboratories Ltd. as Defendant No. 2.

3. I.A. 22949/2023 has been filed by the Plaintiff to amend the plaint to reflect that the marks 'ALFA-ZEST', 'OLEMEZEST', 'TRIOLEMEZEST', 'LENZEST', and 'EXEZEST' are registered by Sun Pharma Laboratories Ltd., along with other consequential changes. Additionally, the application aims to introduce into the record the Plaintiff's ZEST formative trade mark registrations, which have been granted during the ongoing proceedings of 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 13/12/2023 at 07:36:51 this suit. These marks were stated to be initially included in the original plaint as marks pending registration.

4. Thus, by way of the above applications, the Plaintiff is seeking to make amendments in respect of addition of Defendant No. 2, and in view of trade mark applications granted during the pendency of the suit. The Plaintiff also seeks to add details of its registration which have been granted and add Defendant No. 2.

5. The Defendants have no objection if the applications are allowed.

6. The said applications are allowed. Amended plaint is taken on record. Let the amended written statement be filed by the Defendants as per the prescribed timelines. Let the fresh memo of parties be also filed.

7. Applications are disposed of.

I.A.24681/2023 (stay)

8. Issue notice.

9. Let reply be filed within four weeks. Rejoinder, if any, be filed within four weeks.

10. List before the Joint Registrar for admission/denial on 25th January, 2024.

11. List before the Court on 6th May, 2024.

I.A. 8697/2023 (for interrogatories), 8704/2023 (u/Section 124 of Trade Marks Act, 1999) and 13257/2023 (u/Section 124(1)(b)(ii) of Trade Marks Act, 1999).

12. I.A. 8704/2023 has been filed by the Defendant-Sun Pharmaceuticals under Section 124 of the Trade Marks Act, 1999 seeking permission to file a cancellation petition under Section 57 of the Trade Marks Act, 1999 against the marks 'ZEST' and 'FERIZEST' registered in favour of the Plaintiff-

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 13/12/2023 at 07:36:51 DWD Pharmaceuticals vide registration nos. 406639 dated 13th June 1983 and 1086863 dated 13th March 2002.

13. I.A. 13257/2023 has been filed by the Plaintiff under Section 124(1)(b)(ii) of the Trade Marks Act, 1999, inter alia seeking stay of the proceedings of the present suit, and frame an issue as to the validity of the marks 'ALFA-ZEST', 'TRIOLMEZEST', 'OLMEZEST' and 'LENZEST' in class 5, registered in the name of the Defendant.

14. List on 6th May, 2024.

CS(COMM) 175/2023 I.A. 5924/2023

15. List before the Joint Registrar for admission/denial on 25th January, 2024.

16. List before the Court on 6th May, 2024.

PRATHIBA M. SINGH, J.

DECEMBER 11, 2023 mr/dn 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 13/12/2023 at 07:36:51

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Delhi High Court - Orders