Delhi High Court - Orders
Cipla Health Limited vs Micro Labs Limited & Ors on 20 November, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~28
* 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.
Tusha Malhotra, Ms. Sugandha
Yadav and Ms. Smriti Nair, Advs.
versus
MICRO LABS LIMITED & ORS. .....Defendants
Through: Mr. J. Sai Deepak, Sr. Adv. with Mr.
Hemant Daswani, Ms. Saumya
Bajpai, Mr. Avinash, Advs. for D-1
Mr. Dhanur Dhar Singh Rana, Adv.
for D-2 & D-3.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 20.11.2025 I.A. 24046/2025 (for exemption from filing clearer copies of the dim documents)
1. Subject to the Plaintiff filing the clearer copies of the dim documents sought to be relied upon within four (4) weeks from today, exemption is granted for the present.
2. The application is disposed of.
I.A. 26181/2025 (for seeking permission to use the modified packaging)
3. This is an application filed by the defendant no. 1 seeking leave to adopt a modified packaging for its product.
4. The plaintiff and defendants, after exchanging several options of packaging, have jointly consented to the packaging/trade dress during the CS(COMM) 1017/2025 Page 1 of 4 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 24/11/2025 at 21:52:16 course of the hearing and the counsel for the defendant has handed over a final artwork under cover of an index dated 20.11.2025 at 03:00 PM, which has been emailed to the Court master. A hard copy has been handed over to the Court. The Court Master is directed to have the same placed on record.
5. With the consent of parties, the defendant is permitted/at-liberty to use the packaging/trade-dress as filed under the cover of an index dated 20.11.2025 at 03:00 PM, for both its products i.e. cough syrup and lozenges.
6. In addition, the defendant seeks leave to dispose of its stock lying with the manufacturer for lozenges amounting to 1,44,000 as per the old packaging as set out in table 2 of Document B filed vide index dated 06.11.2025 vide diary no. 7914538.
7. It is directed that defendants will exhaust the stock within a period of six (6) weeks from today. While the defendants have been permitted to liquidate their existing stock of 1,44,000 lozenges in old packaging, defendants will not advertise their product with the old packaging.
8. The defendants will also comply with directions issued vide previous order dated 24.09.2025, for filing their stock statement.
9. Learned senior counsel for the defendant states on instructions that defendant has a pending stock of 473 cough syrup as disclosed in table 1 of Document B in old packaging and defendant undertakes to sell the cough syrup only in the modified packaging. The statement is taken on record.
10. In Document B, the defendant has also enlisted at table 3, a stock of its unused impugned packaging. It is directed that defendant will take steps to destroy the same within two (2) weeks.
11. With the aforesaid directions, the application stands disposed of. I.A. 24043/2025 (Order XXXIX Rule 1 & 2 CPC) CS(COMM) 1017/2025 Page 2 of 4 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 24/11/2025 at 21:52:16
12. This is an application filed by the plaintiff under Order 39 Rule 1 & 2 of CPC.
13. Learned senior counsel for the plaintiff states that in view of the approved new packaging adopted by the defendant, the relief sought in this application vis-à-vis infringing trade dress stands satisfied and to that extent these reliefs may be disposed of.
14. He states that however plaintiff has also challenged the use of the mark "DOLOSILS" by the defendant and to this extent, the application may be kept pending and taken up for hearing after the pleadings are complete.
15. Issue notice. Learned counsel for the defendant accepts notice.
16. Reply be filed within 30 days and rejoinder be filed within 30 days thereafter.
17. It is clarified by the Court that in the meantime, defendant will be at liberty to use the modified packaging and the use of the mark "DOLOSILS" for its products cough syrups and lozenges.
18. List before the learned Joint Registrar (J) on 23.01.2026.
19. List before the Court on 17.03.2026.
I.A. 26940/2025 (Order XXXIX R 2-A CPC)
20. In view of the orders passed today in I.A. 26181/2025 and I.A. 24043/2025, the plaintiff does not press this application.
21. Accordingly, the application is disposed of.
CS(COMM) 1017/2025
22. Defendant no. 1 will file its written statement within 30 days from today. Along with the written statement, the defendant no. 1 shall also file affidavit of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record.
CS(COMM) 1017/2025 Page 3 of 4This 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 24/11/2025 at 21:52:16
23. Liberty is given to the plaintiff to file replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the plaintiff, affidavit of admission/denial of documents of defendant no. 1, 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.
24. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
25. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
26. List before the learned Joint Registrar (J) on 23.01.2026.
27. List before the Court on 17.03.2026.
28. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J NOVEMBER 20, 2025/ng/AM CS(COMM) 1017/2025 Page 4 of 4 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 24/11/2025 at 21:52:16