Delhi High Court - Orders
Alkem Laboratories Ltd vs Nava Healthcare Pvt. Ltd. & Ors on 21 May, 2021
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~7 (original)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 233/2021 & I.A.6571/2021, I.A.6572/2021,
I.A.6573/2021, I.A.6574/2021, I.A.6575/2021
ALKEM LABORATORIES LTD. ..... Plaintiff
Through: Mr. Sagar Chandra, Ms. Ishani
Chandra, Ms.Surya Rajappan and Mr.Raghu
Vinayak Sinha, Advs.
versus
NAVA HEALTHCARE PVT. LTD. & ORS. ..... Defendants
Through: None
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 21.05.2021
(Video-Conferencing)
I.A.6575/2021 (exemption)
1. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
2. The application is disposed of.
Signature Not Verified CS(COMM) 233/2021 Page 1 of 4 Digitally Signed By:SUNIL SINGH NEGI Signing Date:22.05.2021 20:58:18I.A.6574/2021 (exemption)
1. Exemption granted subject to all just exceptions.
2. The application is disposed of.
I.A.6573 /2021 (under Order XI Rule 1(4) of the CPC)
1. Subject to the liberty to the defendants to admit/deny the same, the plaintiff is permitted to file additional documents within a period of four weeks from today.
2. The application stands disposed of.
I.A.6572/2021 (exemption from filing court fees)
1. Mr. Sagar Chandra, learned Counsel for the plaintiff submits that he has not been able to deposit the court fees as the treasury is not functioning. Subject to the deposit of court fees within one week of the treasury re-opening, exemption is granted for the present.
2. The application is disposed of.
CS(COMM) 233/2021
1. Issue summons. Written statement, accompanied by affidavits of Signature Not Verified CS(COMM) 233/2021 Page 2 of 4 Digitally Signed By:SUNIL SINGH NEGI Signing Date:22.05.2021 20:58:18 admission/denial of the documents filed by the plaintiff, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file replication thereto, if any, accompanied by affidavits of admission/denial of the documents filed by the defendants within two weeks thereof.
2. List before the Joint Registrar for completion of pleadings, admission/denial of documents and marking of exhibits on 9th August, 2021.
I.A.6571/2021 (under Order XXXIX Rules 1 and 2 of the CPC)
1. Mr. Sagar Chandra, learned Counsel for the plaintiff prays for ex parte ad-interim relief. However, it is seen that, in its application for registration of the allegedly infringing trademark, the defendants have claimed user since 2018. There is no material placed on record by which this assertion could be prima facie be said to be incorrect. Moreover, the allegedly infringing mark pertains to pharmaceutical products. There is no averment in the plaint regarding the quality of the defendants' product vis-a-vis that of the plaintiff. Considerations of public interest would also justify granting the defendants an opportunity to respond, before restraining further manufacture or sale of their products.
2. Accordingly, issue notice on this application, returnable on 3rd June, 2021. Notice may be served additionally by the plaintiff as well as Signature Not Verified CS(COMM) 233/2021 Page 3 of 4 Digitally Signed By:SUNIL SINGH NEGI Signing Date:22.05.2021 20:58:18 by the Registry at the e-mail IDs provided in the memo of parties and proof thereof be placed on record.
3. Response to this application, if any, be filed within a period of ten days from today with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto, if any, before the next date of hearing.
4. Re-notify on 3rd June, 2021 for hearing and disposal of this application.
C.HARI SHANKAR, J MAY 21, 2021/kr Signature Not Verified CS(COMM) 233/2021 Page 4 of 4 Digitally Signed By:SUNIL SINGH NEGI Signing Date:22.05.2021 20:58:18