Delhi High Court - Orders
Alchem International Pvt. Ltd vs Alkem Laboratories Ltd on 7 October, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 412/2020
ALCHEM INTERNATIONAL PVT. LTD. ..... Plaintiff
Represented by: Mr.C.M. Lall, Sr.Advocate with
Ms.Nancy Roy, Ms.Ishita Jain and
Mr.Kshitiz Rao, Advocate.
versus
ALKEM LABORATORIES LTD. .... Defendant
Represented by: Mr.Amit Sibal, Sr.Advocate with
Ms.Ishani Chandra, Mr.Sagar
Chandra, Mr.Ankit Rastogi and
Mr.Raghu Vinayak Sinha, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 07.10.2020 The hearing has been conducted through Video Conferencing. I.A. 8913/2020 (exemption from filing clear copies, certified/original copies)
1. Allowed, subject to all just exceptions.
2. Certified copies/original documents, if any, be filed within two weeks of the resumption of the normal functioning of the Court.
3. Application is disposed of.
I.A. 8912/2020 (under Order XI Rule 1 (4) Commercial Courts Act)
1. Additional documents, if any, be filed within 30 days.
2. Application is disposed of.
CS(COMM) 412/2020 I.A. 8911/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Learned Senior Counsel for the defendant points out that in the plaint Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 412/2020 Page 1 of 2 Signing Date:07.10.2020 21:07:53 This file is digitally signed by PS to HMJ Mukta Gupta itself the plaintiff has given its stand, taken in the written statement in CS (COMM) 1050/2018, wherein it has stated that the two marks are not deceptively similar and hence the present suit for passing off would not be maintainable.
2. In the plaint it is also stated that the defendant is the registered owner of the mark 'ALKEM' for pharmaceuticals and not for nutraceuticals and phytoceuticals, which fact is refuted by the learned Senior Counsel for the defendant, who states that the defendant's registration is in the entire class-5 including phytoceuticals and nutraceuticals. The registration certificates are not on record.
3. Learned counsel for the plaintiff seeks time to file additional documents. As already directed additional documents be filed within 30 days.
4. List the suit and application on 4th December, 2020.
5. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
OCTOBER 07, 2020 'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(COMM) 412/2020 Page 2 of 2 Signing Date:07.10.2020 21:07:53 This file is digitally signed by PS to HMJ Mukta Gupta