Indian Kanoon - Search engine for Indian Law

                                   Product         Batch No.       Sale Qty. in   PTS
                                  Description                     Strips (15     (Rs/strip)
                                                                  tablets per
                                                                  strip)
                                  DE-CAL GEM      DDC21004            28,400     17.66
                                  DE-CAL GEM      DDC21005            28,800     17.65
                                  DE-CAL GEM      DDC21134            28,688     17.80
                                  DE-CAL GEM      DDC21135            28,790     17.77
                                  DE-CAL GEM      DDC21183            28,790     19.42
                                  DE-CAL GEM      DDC21184            28,770     19.42
                                  DE-CAL GEM      DDC21185            28,785     19.42
                                  DE-CAL GEM      DDC21257            28,790     19.46
                                  DE-CAL GEM      DDC21350            28,790     19.42
                                  DE-CAL GEM      DDC21351            25,190     19.66
                                  DE-CAL GEM      DDC21352            28,690     20.10
                                  DE-CAL GEM      DDC21090            28,490     24.00
                                  PLUS
                                  DE-CAL GEM      DDC21136           28,500      24.00
                                  PLUS
                                  DE-CAL GEM      DDC21139           28,780      26.40
                                  PLUS
                                  DE-CAL GEM      DDC21 182          25,433      26.40
                                  PLUS
                                  DE-CAL GEM      DDC21258           28,790      26.48
                                  PLUS
                                  DE-CAL GEM        DDC21373         28,790      26.47
                                  PLUS
                                  DE-CAL GEM      DDC21374           28,790      27.87
                                  PLUS
                                  DE-CAL GEM      DDC21651           16,910      28.49
                                  PLUS

4. I say that no batches under the mark DE-CAL GEM and DE-CAL GEM PLUS other than those depicted in the above table have been billed after 18.05.2022.

5. I say that the Defendant No.1 does not have any stock of the products under the mark DE-CAL GEM and DE-CAL GEM PLUS, in its inventory."

6. Insofar as the proposed packaging, artwork, colour combination are concerned, ld. Counsel Mr. Bawa has handed across the proposed packaging of both the products- 'DECAL PLUS' which is the new mark proposed to be adopted instead of 'DE-CAL GEM' and 'DECAL PLUS K2-7' which is the new mark proposed to be adopted instead of 'DE-CAL GEM PLUS'. The proposed packaging is set out below:

Earlier: DE-CAL GEM Now: DECAL PLUS Earlier: DE-CAL GEM PLUS Now: DECAL PLUS K2-7 Proposed packaging for DECAL 60K

7. The said proposed packagings are acceptable to ld. Senior Counsel for the Plaintiff, who however submits that insofar as the proposed blister pack is concerned the same is not reproduced in the documents handed over. Ld. Senior Counsel submits that the layout of the blister pack should not be similar to the Plaintiff's blister pack. Ld. counsel for the Defendants submits that blister pack's look and colour combination etc. would be similar to the outer packaging and that he would hand over the proposed representation of the front and rear of both the blister packs by 12th July, 2022 to ld. Counsel for the Plaintiff. However, ld. counsel for the Defendants, upon instructions, submits that insofar the warning on the blister pack is concerned, the same shall continue to be red as the same should be reflected prominently to the consumers in terms of the Drugs and Cosmetics Act, 1940.