Delhi High Court - Orders
Cipla Health Limited vs Micro Labs Limited & Ors on 10 November, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 1017/2025
CIPLA HEALTH LIMITED .....Plaintiff
Through: Mr. Amit Sibal, Sr. Adv. with Ms.
Sugandha Yadav, Mr. Ankit Handa,
Ms. Smriti Nair and Mr. Saksham
Dhingra, Advs.
versus
MICRO LABS LIMITED & ORS. .....Defendant
Through: Mr. J. Sai Deepak, Sr. Adv. with Mr.
Hemant Daswani, Ms. Saumya
Bajpai, Ms. Pranjal Dhankar and Mr.
Avinash, Advs. for D-1
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 10.11.2025 I.A. 27779/2025
1. This is an application filed by the defendant seeking permission to exhaust 1,44,000 strips of 'DOLOSILS Lozenges' lying at the manufacturer's premises namely defendant no. 2.
2. Learned senior counsel for the applicant/defendant refers to document B and table 2 therein filed with the list of documents filed vide e-diary no. 7914538.
3. In reply, learned senior counsel for the plaintiff states that the contents of this application are mischievous and he refers to the contradictions in paragraph 4 and 36 of this application when contrasted with paragraph 7 and 9 of defendant no. 1's reply to the Order 39 Rule 1 and 2 CPC application.
4. He states that defendant was granted limited and specific permission to exhaust its stock for Lozenges as it existed on 24.09.2025 and no further.
Page 1 of 2This 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 11/11/2025 at 21:37:28 However, in its reply Order 39 Rule 1 and 2 defendants have sought to mischievously misinterpret the order dated 24.09.2025 to sell stocks of the cough syrups and also to utilize the existing packaging for cough syrup.
5. He states that this application contains pleadings which have no relevance to the relief sought and are therefore mischievous.
6. This Court has perused the captioned application and finds that there is no affidavit of the manufacturer-defendant no. 2 confirming the existence of the Lozenges stocks prior to 24.09.2025, in respect whereof the relief is sought.
7. Learned senior counsel for the defendant seeks leave to withdraw this application and file a fresh application containing only pleadings relevant to the prayer clause along with affidavit of the manufacturer confirming that the stock of Lozenges enlisted at Table 2 of Document B was manufactured prior to 24.09.2025.
8. The application is dismissed as withdrawn.
9. The defendant is granted leave to file a fresh application for the same relief within one (1) week. The defendant will file batch manufacturing record, batch packaging record and batch release document in support of the proof of manufacture prior to 24.09.2025. The authorized representative of the manufacturer will join the proceedings through video conferencing link.
10. Needless to state that defendant will ensure strict compliance of order dated 24.09.2025 and not utilize the stocks and unused packaging in contravention of the said order.
MANMEET PRITAM SINGH ARORA, J NOVEMBER 10, 2025/hp Page 2 of 2 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 11/11/2025 at 21:37:28