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1 - 6 of 6 (0.19 seconds)The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015
Koninlijke Philips N.V. & Anr. vs Amazestore & Ors. on 22 April, 2019
The relevant
paragraphs of Koninlijke Philips (supra) is extracted hereunder:-
M/S Inter Ikea Systems Bv & Anr. vs Sham Murari & Ors. on 7 September, 2018
"26. A Coordinate Bench of this Court in Inter Ikea Systems B.V. v. Sham
Murari, 2018 SCC OnLine Del 11221 has awarded compensatory damages
in favour of the Plaintiffs, after considering the principles enshrined
in Hindustan Unilever (supra) in the following terms:--
Whatman International Limited vs P Mehta & Ors. on 1 February, 2019
27. The plaintiffs further assert that the manufacture of the infringing
product SEPAMET-XR led to the infringement of the suit patent which
posed serious public health risks as consumers were at a risk of receiving
sub-standard medicines, believing them to be from the plaintiffs' quality-
assured manufacturing facilities. The plaintiffs have also relied upon a
number of judgments passed by this Court as well as by other High Courts
in support of the relief of exemplary damages. Some of those are Whatman
International Limited vs. Paresh Mehta & Ors.: 2019 SCC OnLine Del
6856, Glenmark Pharmaceuticals vs. Curetech Skincare and Galpha
Laboratories Ltd.: 2018 SCC OnLine Bom 11559 and Blue Heaven
Cosmetics Pvt. Ltd. vs. Shivani Cosmetics: 2022 SCC OnLine Del 1523.
The ratio laid down by the said judgments is in favour of entities such as
the plaintiffs in the present case, for grant of exemplary damages in similar
cases.
M/S Blue Heaven Cosmetics Pvt Ltd vs Shivani Cosmetics Through Its Partners ... on 18 May, 2022
28. Apart from the ratio laid down by the aforesaid judgments, what
propels this Court towards the relief of exemplary damages is the fact that
the defendants had altogether stopped appearing after they were proceeded
ex-parte on 07.03.2024, and since the affidavit of evidence of PW-1 was
neither rebutted nor any counter evidence was produced or placed on record
by the defendants, this Court is inclined to grant exemplary damages to the
tune of Rs.10 Lakhs in favour of the plaintiffs.
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