Delhi High Court - Orders
Mankind Pharma Limited vs Caremankind Hospital Private Limited on 9 July, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 673/2025 with I.A. 15850/2025, I.A. 15851/2025, I.A.
15852/2025, I.A. 15853/2025 and I.A. 15854/2025
MANKIND PHARMA LIMITED .....Plaintiff
Through: Mr. Ankur Sangal, Mr. Ankit Arvind,
Mr. Shashwat Rakshit & Ms. Nidhi
Pathak, Advocates.
versus
CAREMANKIND HOSPITAL PRIVATE
LIMITED .....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 09.07.2025 I.A. 15851/2025 (u/s 12A of Commercial Courts Act)
1. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.
2. The application stands disposed of.
I.A. 15852/2025 (O-XI R-1(4) of the Commercial Courts Act)
3. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents.
4. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High CS(COMM) 673/2025 Page 1 of 5 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 10/07/2025 at 21:55:09 Court (Original Side) Rules, 2018.
5. Accordingly, the application is disposed of. I.A. 15853/2025 (u/s 149 of the CPC)
6. Mr. Ankur Sangal, counsel appearing on behalf of the plaintiff, submits that the requisite court fees shall be paid within one (1) week.
7. Statement of counsel is taken on record.
8. The application is disposed of.
I.A. 15854/2025 (exemption from filing documents with proper margin, clear/ legible, original typed copies and vernacular)
9. Allowed, subject to the plaintiff filing certified/ typed/ translated copies of documents within four (4) weeks from today.
10. The application stands disposed of.
CS(COMM) 673/2025
11. Let the plaint be registered as a suit.
12. None appears on behalf of the defendant despite advance service.
13. Issue summons.
14. Summons be issued to the defendant through all modes. The summons shall state that the written statement shall be filed by the defendant within thirty days from the date of the receipt of summons. Along with the written statement, the defendant shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.
15. Liberty is given to the plaintiff to file replication, if any, within thirty days from the receipt of the written statement. Along with the replication filed by the plaintiff, affidavit of admission/denial of the documents of the defendant be filed by the plaintiff.
CS(COMM) 673/2025 Page 2 of 5This 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 10/07/2025 at 21:55:09
16. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
17. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
18. List before the Joint Registrar on 15th September, 2025 for completion of service and pleadings.
19. List before the Court on 20th November, 2025. I.A. 15850/2025 (under O-XXXIX Rules 1 and 2 of CPC)
20. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark of the plaintiff, passing off along with other ancillary reliefs.
21. The plaintiff is in the business of medicinal and pharmaceutical products and was founded in the year 1986. The plaintiff is the fourth largest pharmaceutical company of India. The plaintiff operates in and around 34 countries all over the world.
22. The trademark 'MANKIND' was adopted by the plaintiff in the year 1986 and is registered across various classes. The details of the registration of plaintiff are given in paragraph nos. 10 and 11 of the plaint. All the aforesaid registrations are stated to be valid and subsisting.
23. The plaintiff also runs and maintains a website www.mankind.com, which was registered on 21st June, 1995.
24. The sales turnover of the plaintiff for the products bearing the mark 'MANKIND' was approximately ₹9264 crores in the financial year 2023- CS(COMM) 673/2025 Page 3 of 5 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 10/07/2025 at 21:55:09 2024. The plaintiff has given its revenue details from the year 2011-2012 to the year 2023-24 in paragraph no. 20 of the plaint and the advertisement and promotional figures have been given in paragraph no. 21 of the plaint.
25. In the last week of June, 2025, the plaintiff came across a healthcare facility/ hospital of the defendant under the trademark 'MANKIND'. The sign boards of the same have been filed along with the plaint. The defendant is also using the mark 'CAREMANKIND' as its trade name.
26. From the aforesaid, it is evident that the defendant is using the identical trademark 'MANKIND'/ 'CAREMANKIND', in respect of similar services.
27. A prima facie case has been made out on behalf of the plaintiff. Balance of convenience is in favour of the plaintiff and against the defendant. Irreparable injury would be caused to the plaintiff if the defendant continues to use the impugned mark. Prejudice would also be caused to the public as the public will wrongly associate the services offered by defendant with those of the plaintiff.
28. Consequently, till the next date of hearing, defendant, its proprietors, partners or directors, as the case may be, its principal officers, servants, distributors, dealers and agents, and all others acting for and on behalf of the defendant are restrained from using, advertising, directly or indirectly dealing in any goods and services under the impugned trademark / trade name "MANKIND"/ "CAREMANKIND" and or any other trademark / trade name as may be identical to or deceptively similar with the plaintiff's registered trademark "MANKIND" and formative trademarks and their variants thereof.
CS(COMM) 673/2025 Page 4 of 5This 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 10/07/2025 at 21:55:09
29. Compliance with Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 (CPC) shall be done within three (3) days from today. The necessary affidavit in terms of Order XXXIX Rule 3 of the CPC shall be filed within one (1) week thereafter.
30. List before the Joint Registrar on 15th September, 2025 for completion of service and pleadings.
31. List before the Court on 20th November, 2025.
AMIT BANSAL, J JULY 9, 2025 at CS(COMM) 673/2025 Page 5 of 5 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 10/07/2025 at 21:55:09