Delhi High Court - Orders
Mankind Pharma Limited vs Kindwaves Healthcare Private Limited on 14 July, 2025
Author: Amit Bansal
Bench: Amit Bansal
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 694/2025 & I.A. 16312/2025, I.A. 16313/2025, I.A.
16314/2025, I.A. 16315/2025, I.A. 16316/2025, I.A. 16317/2025, I.A.
16318/2025
MANKIND PHARMA LIMITED .....Plaintiff
Through: Mr. Rajiv Nayar, Senior Advocate
with Mr. Ankur Sangal, Mr. Ankit
Arvind, Mr. Shashwat Rakshit &
Ms. Nidhi Pathak, Advocates.
versus
KINDWAVES HEALTHCARE PRIVATE LIMITED
.....Defendant
Through:
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 14.07.2025 I.A. 16317/2025 (exemption from filing original/certified/typed/translated documents)
1. Allowed, subject to plaintiff filing original/certified, typed, translated documents within four (4) weeks.
2. The application stands disposed of.
I.A. 16318/2025 (seeking exemption from advance service to defendant)
3. The plaintiff seeks urgent interim relief against infringing products and for this purpose, an ex-parte appointment of Local Commissioner is also sought. It is submitted that there is a probability that the defendant may CS(COMM) 694/2025 Page 1 of 6 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 08/08/2025 at 21:46:28 remove the infringing products if the defendant is given advance service of the plaint paper book. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendant is granted.
4. The application is disposed of.
I.A. 16315/2025_(O-XI R-1(4) of the Commercial Courts Act)
5. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.
6. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
7. Accordingly, the application is disposed of. I.A. 16316/2025 (u/s 149 of the CPC)
8. Mr. Ankur Sangal, counsel appearing on behalf of the plaintiff, submits that the requisite court fees shall be paid within one (1) week. 8.1. Statement of counsel is taken on record.
9. The application is disposed of.
I.A. 16314/2025 (u/s 12A of Commercial Courts Act, 2015)
10. 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.
11. The application stands disposed of.
CS(COMM) 694/2025
12. Let the plaint be registered as a suit.
CS(COMM) 694/2025 Page 2 of 6This 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 08/08/2025 at 21:46:28
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.
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 16th September, 2025, for completion of service and pleadings.
I.A. 16312/2025 (u/O-XXXIX Rule 1 & 2 of Code of Civil Procedure, 1908)
19. The present suit has been filed seeking the relief of permanent injunction restraining the defendant from infringement of trademark of the plaintiff, passing of along with other ancillary reliefs.
20. By way of the present application, the plaintiff seeks an interim CS(COMM) 694/2025 Page 3 of 6 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 08/08/2025 at 21:46:28 injunction against the defendant restraining the defendant from using the trademark/trade name "KINDWAVES"/ "KINDWAVES HEALTHCARE"/ .
21. It is the case of the plaintiff that the impugned mark is deceptively similar to the "MANKIND" and "KIND" marks of the plaintiff which have been registered in favour of the plaintiff.
22. Issue notice to the defendant via all permissible modes.
23. Reply(ies) be filed within ten (10) days.
24. Rejoinder(s) thereto, if any, be filed before the next date of hearing.
25. List before the Court on 13th August, 2025. I.A. 16313/2025 (O-XXVI R-9 & 10 of CPC)
26. The present application has been filed under Order XXVI Rule 9 & 10 of the CPC seeking appointment of Local Commissioner to ascertain the stock of the products bearing the marks "KINDWAVES"/ "KINDWAVES HEALTHCARE"/ and inventorize the same.
27. In view of what is stated above, the plaintiff has made out a case for appointment of a Local Commissioner.
28. Accordingly, Mr. Uday Bharat Bali, Advocate (Mobile No. +91- 8800164941) is appointed as Local Commissioner to visit the premises of the defendant "Kindwaves Healthcare Private Limited" situated in:
KINDWAVES HEALTHCARE PRIVATE LIMITED SCO 3, SECOND FLOOR, S/V MDC, MANSA DEVI SEC-5, CS(COMM) 694/2025 Page 4 of 6 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 08/08/2025 at 21:46:28 PANCHKULA, HARYANA - 134114.
29. The following directions are passed in this regard:
29.1. The Local Commissioner, along with a representative of the plaintiff and its counsel, shall be permitted to enter upon the premises of the defendant mentioned above or any other location/premises that may be identified during the course of commission. 29.2. The Local Commissioner shall conduct a search at the defendant's premises and make an inventory of all the products bearing the mark "KINDWAVES"/ "KINDWAVES HEALTHCARE"/ available at the aforesaid premises. It is clarified that no seizure of the said products is to be done. 29.3. The defendant and its representatives are directed to provide full assistance to the Local Commissioner for executing the present commission.
29.4. To ensure an unhindered and effective resolution of this order, the SHO of the local police station having jurisdiction of the aforesaid premises and the DCP concerned are directed to render the necessary protection and assistance to the Local Commissioner, if and when sought.
30. The Local Commissioner shall file his Report within two (2) weeks of executing the commission, along with photographs taken and photocopies of the books of account and stock and the inventory procured pursuant thereto.
31. The fees of the Local Commissioner, to be borne by the plaintiff, is fixed at Rs.1,50,000/-. The plaintiff shall also bear expenses for travel and CS(COMM) 694/2025 Page 5 of 6 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 08/08/2025 at 21:46:28 lodging of the Local Commissioner and other miscellaneous out-of-pocket expenses for the execution of the commission.
32. The application stands disposed of in the above terms.
33. The order passed today shall not be uploaded for a period of two (2) weeks from today.
34. Dasti.
AMIT BANSAL, J JULY 14, 2025 ds CS(COMM) 694/2025 Page 6 of 6 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 08/08/2025 at 21:46:28