Khandelwal Laboratories P. Ltd vs Nava Healthcare P. Ltd. & Anr on 26 September, 2023

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Delhi High Court - Orders

Khandelwal Laboratories P. Ltd vs Nava Healthcare P. Ltd. & Anr on 26 September, 2023

Bench: Prathiba M. Singh

                                          $~16
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +        CS(COMM) 673/2023 and I.A. 18780/2023-18782/2023
                                               KHANDELWAL LABORATORIES P. LTD.               ..... Plaintiff
                                                           Through: Mr. Sachin Gupta, Advocate.

                                                                                         versus

                                                      NAVA HEALTHCARE P. LTD. & ANR.                                                 ..... Defendants
                                                                  Through: None

                                                      CORAM:
                                                      JUSTICE PRATHIBA M. SINGH
                                                                                         ORDER

% 26.09.2023

1. This hearing has been done through hybrid mode. I.A. 18782/2023 (for exemption)

2. This is an application filed by the Plaintiff seeking exemption from filing cleared/typed/translated copies of documents with proper margins, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.

3. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.

I.A. 18781/2023 (u/S 12A of the Commercial Courts Act)

4. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation. In view of the orders passed in Chandra Kishore Chaurasia v. R A Perfumery Works Private Ltd, 2022/DHC/004454, the application is allowed and disposed of.

CS(COMM) 673/2023 Page 1 of 3

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 28/09/2023 at 00:23:00 CS(COMM) 673/2023

5. Let the plaint be registered as a suit.

6. Issue summons to the Defendants through all modes upon filing of Process Fee.

7. The summons to the Defendants shall indicate that a written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

8. Liberty is given to the Plaintiff to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

9. List before the Joint Registrar for marking of exhibits on 31st October, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

10. List before Court on 31st January, 2024 on top of board. I.A. 18780/2023 (u/O XXXIX Rule 1 & 2 CPC)

11. Issue notice.

12. The present suit has been filed by the Plaintiff-M/s Khandelwal Laboratories P. Ltd. seeking an injunction against the Defendant Nos. 1 & 2- Nava Healthcare P. Ltd. and Khandelwal Lifesciences P. Ltd., from using the mark/name 'KHANDELWAL' and using any expression that may give an impression to the consumer that the Defendants are connected with the CS(COMM) 673/2023 Page 2 of 3 This is a digitally signed order.

13. Plaintiffs' case is that they have been engaged in manufacturing and marketing of pharmaceutical products since 1945. Plaintiffs' had entered into an agreement dated 28th July, 2011 with the Defendant No.1 granting them the rights to use the phrase "under collaboration with Khandelwal Laboratories (P) Ltd." which was renewed from time to time. But Defendant No. 1 failed to abide by it and consequently a suit was filed dated 27th October, 2021 which culminated in a settlement decree dated 27th May, 2022.

14. Mr. Gupta, ld. Counsel relies upon a decree dated 27th May, 2022 which was passed in CS(COMM) 531/2021 titled Khandelwal Laboratories P. Ltd. v. Nava Healthcare P. Ltd.. The Plaintiffs' grievance now is that the Defendants claim to have entered into some collaboration with a non- existing entity called 'Khandelwal Lifesciences (P) Ltd.', only with a view to continue giving an impression that it is connected with the Plaintiff.

15. The Defendants shall file a reply to the injunction application within two weeks after service. Rejoinder be filed within two weeks, thereafter.

16. List on 31st January, 2024.

PRATHIBA M. SINGH, J SEPTEMBER 26, 2023 Rahul/ks CS(COMM) 673/2023 Page 3 of 3 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 28/09/2023 at 00:23:01

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Delhi High Court - Orders