Delhi High Court - Orders
Sun Pharma Laboratories Limited vs Glenmark Pharmaceuticals Limited on 13 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 711/2022
SUN PHARMA LABORATORIES LIMITED ..... Plaintiff
Through: Mr. Sachin Gupta, Mr. Manan
Mondal and Mr. Rohit Pradhan,
Advocates.
versus
GLENMARK PHARMACEUTICALS LIMITED ..... Defendant
Through: Mr. Saikrishna Rajagopal, Mr. Nitin
Sharma, Ms. Deepika Pokharia and
Mr. Naman Tandon, Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 13.05.2024 I.A. 10448/2024(for disobedience and non-compliance of the judgment dated 03rd July, 2023)
1. By way of the instant application, Plaintiff alleges that the Defendant is violating the injunction order dated 3rd July, 2023, which has been confirmed by the Division Bench vide order dated 16th April, 2024 in FAO(OS)(COMM) 146/2023.
2. Mr. Saikrishna Rajagopal, counsel for Defendant, states that subsequent to the aforenoted order of the Division Bench, the Defendant has immediately taken steps to comply with the injunction directions. Further, he states, on instructions, as follows:
2.1. Defendant agrees and undertakes to abstain from using the trade mark 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 14/05/2024 at 03:12:56 "INDAMET" and that it shall neither manufacture, promote, market, distribute and/or sell any product bearing the "INDAMET" trade mark which is under its legal custody and control. 2.2. Defendant has stopped to market, promote, distribute, sell the products bearing the trade mark 'INDAMET' from 16th April, 2024 of the stocks bearing the trade mark 'INDAMET' in its legal custody and control. 2.3. The billing/ invoicing and manufacturing of products bearing the trade mark 'INDAMET' was ceased by the Defendant as of 16th April, 2024 of the stocks bearing the trade mark 'INDAMET' in its legal custody and control.
3. Counsel for Plaintiff states that in light of the statement made by Mr. Saikrishna, he is not pressing for the reliefs sought in the present application.
4. In view of the above, the application is dismissed as withdrawn. Defendants shall remain bound by the aforenoted undertakings and statements.
CS(COMM) 711/2022
5. At joint request of counsel, parties are referred to Delhi High Court Mediation and Conciliation Centre, where they shall appear before the Mediator on 17th May, 2024.
6. List before the Court on 09th September, 2024.
SANJEEV NARULA, J MAY 13, 2024 d.negi 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 14/05/2024 at 03:12:56