Dr Reddys Laboratories Limited vs Smart Laboratories Pvt Ltd on 17 October, 2023

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Delhi High Court - Orders

Dr Reddys Laboratories Limited vs Smart Laboratories Pvt Ltd on 17 October, 2023

Bench: C.Hari Shankar

                             $~37
                             *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +         CS(COMM) 744/2023
                                       DR REDDYS LABORATORIES LIMITED              ..... Plaintiff
                                                    Through: Mr. Ranjan Narula, Mr. Shashi
                                                    P. Ojha, Ms. Aishani Singh and Mr. Shvangi
                                                    Kohli, Advs.

                                                                            versus

                                       SMART LABORATORIES PVT LTD      ..... Defendant
                                                    Through:
                                       CORAM:
                                       HON'BLE MR. JUSTICE C.HARI SHANKAR
                                                                            ORDER

                             %                                              17.10.2023
                             CS(COMM) 744/2023

1. The plaintiff is the proprietor of the registered trade mark AZIWOK used for Azithromycin. It is aggrieved by the use, by the defendant, of the mark AZIWAKE also used for Azithromycin which, according to the plaintiff, is deceptively similar to the plaintiff's registered trade mark.

2. Mr. Narula, learned Counsel for the plaintiff has emphatically contended that the defendant has resorted not only to infringement but also using the deceptively similar trade mark by passing off the products as that of the plaintiff.

3. In the circumstances, let the plaint be registered as a suit.

4. Issue summons in the suit. Service of summons be effected on the defendant by all modes, including courier and speed-post.

CS(COMM) 744/2023 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 17/10/2023 at 23:03:35 Affidavit of service along with proof thereof be placed on record before the next date of hearing.

5. Written statement, accompanied by affidavit of admission and denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission and denial of the documents filed by the defendant within 30 days thereof.

6. List before the learned Joint Registrar (Judicial) for completion of the pleadings, admission and denial of documents and marking of exhibits on 18 December 2023, whereafter the matter would be placed before the Court for case management hearing and further proceedings.

I.A. 20597/2023(Order XXXIX Rules 1 and 2 of the CPC)

7. This is an application, by the plaintiff, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interlocutory injunctive relief. Mr. Narula is agreeable to a short notice being granted to the defendant before the application is taken up for hearing.

8. As such, issue notice. Service be served on the defendant by all modes, including courier and speed-post. Affidavit of service along with proof thereof be placed on record before the next date of hearing.

9. Let notice be dispatched by the Court today itself.

CS(COMM) 744/2023 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 17/10/2023 at 23:03:35

10. Reply, if any, be filed on or before 27 October 2023 with advance copy to learned Counsel for the plaintiff, who may file rejoinder thereto, if any, on or before 3 November 2023.

11. List for hearing and disposal of this application on 6 November 2023 before the Court. No extension of time for filing reply and rejoinder or adjournment shall be granted on the next date of hearing. This application shall be taken up for hearing in advance of other matters which are listed for hearing on the said date.

I.A. 20598/2023 (Exemption)

12. Subject to the plaintiff filing legible copies of any dim or illegible documents within 30 days, exemption is granted for the present.

13. The application is disposed of.

I.A. 20599/2023 (Order XI Rule 1(4) of the CPC)

14. This application seeks permission to file additional documents. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act, 2015 within four weeks from today.

15. The application stands disposed of accordingly.

I.A. 20600/2023 (Section 12A of the Commercial Courts Act, 2015) CS(COMM) 744/2023 Page 3 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 17/10/2023 at 23:03:36

16. In view of the judgment of the Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Pvt Ltd1, exemption is granted from the requirement of pre-institution mediation under Section 12A of the Commercial Courts Act.

17. The application stands allowed accordingly.

C.HARI SHANKAR, J OCTOBER 17, 2023 rb Click here to check corrigendum, if any 1 2022 SCC OnLine Del 3529 CS(COMM) 744/2023 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 17/10/2023 at 23:03:36

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Delhi High Court - Orders