Alkem Laboratories Ltd vs Nouriel Lifesciences & Ors on 8 April, 2026

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Delhi High Court - Orders

Alkem Laboratories Ltd vs Nouriel Lifesciences & Ors on 8 April, 2026

Bench: Tushar Rao Gedela

              $~34
              *         IN THE HIGH COURT OF DELHI AT NEW DELHI
              +         CS(COMM) 369/2026

                        ALKEM LABORATORIES LTD                    .....Plaintiff
                                    Through: Mr. Sagar Chandra, Ms. Ishani
                                             Chandra, Mr. Shubhie Wahi and Mr.
                                             Aman Venugopal, Advocates.
                                    versus

                        NOURIEL LIFESCIENCES & ORS.                                                               ....Defendants
                                      Through: None.

                        CORAM:
                        HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                      ORDER

% 08.04.2026 I.A. 9433/2026 (Additional Documents)

1. The present application has been filed on behalf of the plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 ('CPC') as applicable to commercial suits under the Commercial Courts Act, 2015 ('CC Act') seeking leave to place on record additional documents.

2. The plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018 within thirty (30) days.

3. Accordingly, the application stands disposed of. I.A. 9432/2026(Pre-Institution Mediation)

4. This is an application filed by the plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.

5. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar vs. T.K.D. Keerthi:

(2024) 5 SCC 815, exemption from the requirement of pre-institution CS(COMM) 369/2026 Page 1 of 6 This is a digitally signed order.

6. The application stands disposed of.

I.A. 9434/2026(Exemption)

7. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking exemption from filing clear, legible and typed copies of documents.

8. Exemption allowed, subject to just exceptions. However, clear, legible and typed copies of the documents with proper margins be filed within four weeks with an advance copy to the defendants.

9. The application stands disposed of.

I.A. 9435/2026 (Exemption)

10. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking exemption from filing certified copies of Legal Proceeding Certificates for the plaintiff's trademark registrations.

11. Exemption allowed, subject to just exceptions. However, certified copies of Legal Proceeding Certificates for the plaintiff's trademark registrations be filed within four weeks with an advance copy to the defendants.

12. The application stands disposed of.

I.A. 9436/2026 (List of dates)

13. This is an application filed on behalf of the plaintiff under Section 151 of CPC seeking exemption to file lengthy brief synopsis and list of dates.

14. For the reasons stated in the application, the same is allowed.

15. The application stands disposed of.

I.A. 9431/2026 (Order XXXIX Rules 1 & 2, CPC)

16. Present application has been filed on behalf of the plaintiff under Order XXXIX Rules 1 & 2 of CPC, 1908 seeking ex-parte ad-interim injunction against the defendants.

17. Issue notice.

CS(COMM) 369/2026 Page 2 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 09/04/2026 at 21:25:17

18. Plaintiff to take necessary steps to ensure that notices are issued to all the defendants by all permissible modes. Additionally through Dasti and e-mail.

19. Mr. Sagar Chandra, learned counsel appearing for the plaintiff states that in response to the advance service of the suit, one Mr. Shahzad Khan who is arrayed as defendant no.3 and is the proprietor of defendant nos.1 & 2 has reverted via an e-mail [email protected] stating that Nuvon Healthcare i.e. defendant no.2 has already discontinued the use, manufacture and the sale of its products under the mark . The said e-mail further states that discontinuation had been effected voluntarily in good faith and without any admission of liability. It is further stated that there is no fresh manufacturing, marketing and distribution being undertaken under the said mark.

20. In order to ascertain the statement made in said e-mail, it is deemed appropriate to issue a short notice on the instant application.

21. In the meanwhile, this Court has perused the comparative chart showing the deceptive similarities. The comparative table showing plaintiff's marks and defendant's impugned marks is extracted hereunder:

                                     Plaintif's Marks                       Defendant's Impugned
                                                                                   Marks




              CS(COMM) 369/2026                                                                                            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 09/04/2026 at 21:25:17

22. It is noticed that though on the reverse part of the blister pack, the complete description of the mark of the defendants i.e. 'RIELPAN-DSR' is mentioned, however, on the box containing the blister packs, the word 'RIEL' is in superscript form in small letters i.e. while the words 'PAN-DSR' are in capital letters and bold. Mr. Sagar Chandra, learned counsel for the plaintiff has also handed over the Bench a box containing the blister strip which clearly indicates that the words 'RIEL' is in superscript in comparison to 'PAN-DSR' which is in capital letters and bold.

23. Undoubtedly, the visual and structural similarity is uncanny. Though no doubt, these are medicines which are only to be sold in a blister pack, however, having regard to the ground reality, the confusion amongst the public is most likely as held by the Supreme Court in Cadila Healthcare Ltd. vs. Pharmaceuticals Ltd., (2001) 5 SCC 73, that the threshold for ascertaining infringement in pharmaceuticals preparations and medicines, is very low.

24. From the documents on record, it prima facie appears that the trade circle, distribution channels as also the retail outlets would be common CS(COMM) 369/2026 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 09/04/2026 at 21:25:17 between both the parties. The consumers who would purchase these medicines are also common, and therefore, the confusion and deception is writ large.

25. Having regard thereto, it is deemed appropriate at this stage and for interim purposes, till the defendants appear, to restrain them, their directors, executives, partners or proprietors, officers, servants and agents or any persons acting for or on their behalf from launching, manufacturing, selling, offering for sale, exporting, advertising, marketing and/or in any manner using directly or indirectly in relation to any pharmaceutical and/or medicinal preparation and/or such allied and cognate goods under the impugned marks , , 'REILPAN-DSR' and 'RIELPAN' and/or any other identical and/or deceptively similar mark to the plaintiff's marks 'PAN-40', 'PAN-D' and the 'PAN Family or marks' and using the impugned Blister Strips which are deceptively similar to the Blister Strips used by the plaintiff.

26. The e-mail dated 07.04.2026 stated to have been sent by Mr. Shahzad Khan/defendant no.3 from the aforesaid e-mail address, which appears to be pertaining to the defendant no.2, is taken on record.

27. Mr. Chandra, learned counsel for the plaintiff is also at liberty to file the same under the cover of an index within three days from today.

28. Let a reply to this application be filed by the defendants within four weeks from service. Rejoinder, thereto, if any, be filed within two weeks thereafter.

CS(COMM) 369/2026

29. Let the plaint be registered as a suit.

30. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes.

31. The summons shall state that the Written Statement shall be filed by the CS(COMM) 369/2026 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 09/04/2026 at 21:25:17 defendants within 30 days from the date of the receipt of summons. Alongwith the Written Statement, the defendants shall also file Affidavit of Admission/Denial of the documents of the plaintiff, without which the Written Statement shall not be taken on record.

32. Liberty is granted to the plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the plaintiff, an Affidavit of Admission/Denial of the documents of defendants be filed by the plaintiff, without which the Replication shall not be taken on record.

33. In case any party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

34. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.

35. List before the Joint Registrar (Judicial) on 09.07.2026 for completion of service and pleadings.

36. List before the Court on 21.04.2026.

TUSHAR RAO GEDELA, J APRIL 8, 2026/ kct/rl CS(COMM) 369/2026 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 09/04/2026 at 21:25:17

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Delhi High Court - Orders