Delhi High Court - Orders
Alkem Laboratories Limited vs Dr. Mariya Parvez & Ors on 28 October, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 392/2025 & I.A. 10678/2025
ALKEM LABORATORIES LIMITED .....Plaintiff
Through: Ms. Tusha Malhotra and Ms. R.
Ramya, Advs.
versus
DR. MARIYA PARVEZ & ORS. .....Defendants
Through: Mr. Amer Vaid, Adv for D-4 along
with D-4 (Through VC).
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 28.10.2025 Disposal of the suit qua defendant no. 4
1. Learned counsel for defendant no. 4 states that an affidavit of undertaking dated 25.09.2025, in compliance with the orders dated 28.08.2025 and 16.09.2025, has been filed.
1.1 He states that the suit may be disposed of vis-à-vis defendant no. 4 in terms of the said affidavit.
2. Learned counsel for the plaintiff states that the plaintiff has been served with a copy of the affidavit and is satisfied with the undertaking given therein, and submits that the suit may be disposed of in terms of the said affidavit.
3. The affidavit of defendant no. 4 is on record. The said defendant's undertaking in the affidavit is taken on record, and he is bound down to the said undertaking.
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 31/10/2025 at 23:11:41
4. The decree of permanent injunction is passed in favour of the plaintiff and against defendant no. 4 in terms of the order dated 28.08.2025. The liberty reserved to defendant no. 4 in terms of paragraph '20' is hereby preserved.
5. The Registry is directed to prepare a decree vis-à-vis plaintiff and defendant no. 4 in terms of this order.
6. This Court expresses its appreciation to Mr. Amer Vaid, Advocate for representing defendant no. 4 pro bono and assisting the parties to amicably resolve the matter.
I.A No. 26548/ 2025 (for filing video recording on a CD/pen drive)
7. This is an application filed by the plaintiff under Section 151 of the Code of Civil Procedure, 1908 ['CPC'], for placing on record the impugned video downloaded on 20.10.2025 as available on defendant no. 5's YouTube page on a pen drive/compact disk ['CD'].
8. The plaintiff is directed to file the CD/pen-drive in accordance with Rule 24 of the Delhi High Court (Original Side) Rules, 2018.
9. Registry may receive an electronic record on CD so long as it is encrypted with a hash value or in any other non-editable format. The video recording contained on the CD be placed in the electronic record of the present suit in a format that is non-editable, so that the same can be viewed by the court during the hearing.
10. With the aforesaid directions, this application stands disposed of. IA. No. 26584/2025 (seeking impleadment of proposed defendant no.5)
11. This is an application filed by the plaintiff under Order XXXIX, Rules 1 and 2, read with Order I Rule 10 and Section 151 of CPC, seeking 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 31/10/2025 at 23:11:41 impleadment of Dip Adhikary Pharma as proposed defendant no. 5 and for extension of the interim injunction order dated 28.04.2025 to the said defendant.
12. Learned counsel for the plaintiff states that from the impugned video, it appears that Dip Adhikary Pharma is a pharmacist, and he has uploaded a video, which contains specific references to the plaintiff's product 'PAN-D' while advising the viewers to stop using the said product. 12.1. She states that the plaintiff came across the impugned video, titled '3 Signs She Is Not A Virgin- Pantocid DSR/PanD kya khate ho?' by proposed defendant no.5 on his social media accounts on YouTube, Facebook and Instagram, which contains misleading and unsubstantiated statements targeting the plaintiff's product 'PAN-D' under the 'PAN' family of marks. 12.2. She states that while the proposed defendant no.5 is entitled to create an educational video addressing the potential side effects of the salts 'Pantoprazole' and 'Domperidone', which are generic in nature and upon which no party has any rights, but the act of the proposed defendant no.5 specifically targeting the plaintiff's brand 'PAN-D' is what has given rise to the present cause of action.
12.3. She states that the proposed defendant no. 5, being a pharmacist, is neither authorised in law nor competent to make the declarations and /or issue advisories sought to be made in the impugned video. 12.4. She states that at the conclusion of the video, it is seen that defendant no. 5 Dip Adhikary Pharma requests the viewers to transfer money for the advice rendered.
12.5. She states that such actions of Dip Adhikary Pharma are liable to be injuncted in terms of the order dated 28.04.2025.
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 31/10/2025 at 23:11:41 12.6. She states that an advance copy of this application had been served on the proposed defendant no.5 on 24.10.2025. However, none appears on behalf of the proposed defendant no.5 despite advance service. Impleadment of defendant no.5 vis-à-vis prayer clauses (a) and (d)
13. In view of the averments made in the application, Dip Adhikary Pharma is impleaded as defendant no.5.
14. Amended memo of parties is taken on record.
Grant of Injunction vis-à-vis prayer clauses (b) and (c)
15. For the reasons noted above, the injunction order dated 28.04.2025 is hereby extended to defendant no.5.
16. Defendant No. 5 is directed to take down the impugned video from his YouTube, Instagram and Facebook account accessible on the links mentioned in prayer clause 'b' of the captioned application or any other videos, which are identical to or similar in content, which make reference to the products of the plaintiff bearing the 'PAN' family of marks, within 72 hours from receipt of the order.
17. It is, however, clarified that defendant no.5 will be at liberty to make its videos in terms of the averments made in Paragraph '22' of the captioned application, which reads as under:
"22.1t is submitted that the Proposed Defendant No. 5 had an option to create an educational/informational video addressing the potential side effects of the salts Pantoprazole and Domperidone, which are generic in nature and upon which no party has any rights, but Proposed Defendant No. 5 made a deliberate choice to specifically target the Plaintiffs brand 'PAN-D' by way of using Plaintiff s .PAN' family of marks and its products in the impugned video. Further, Defendant No. 5 has created confusion and fear amongst consumers regarding Plaintiff s 'PAN' products, causing harm to Plaintiffs reputation as well as to the public's trust in doctors."
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 31/10/2025 at 23:11:41
18. It is further directed that in case defendant no. 5 fails to take down the impugned video, the plaintiff will be at liberty to serve a copy of this order on Google LLC and Meta platforms with the appropriate URL for the take- down of the said impugned video.
Google LLC and Meta platforms will, in addition, provide the BSI details of defendant no.5 to the plaintiff within one (1) week.
19. Provisions of Order XXXIX Rule 3 compliance to be done within one (1) week.
20. Issue notice to defendant no.5 through e-mode, including through DM on his social media account.
21. Reply be filed by defendant no.5 within four (4) weeks. Rejoinder, if any, within two (2) weeks thereafter.
22. List before Court on 09.01.2026.
MANMEET PRITAM SINGH ARORA, J OCTOBER 28, 2025/gm/aa 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 31/10/2025 at 23:11:41