Sun Pharmaceutical Industries Limited v. Macleods Pharmaceuticals Limited & ANR.

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 822/2024 with I.A. 40168/2024 SUN PHARMACEUTICAL INDUSTRIES LIMITED .....Plaintiff Through:

Mr. Sachin Gupta, Advocate versus MACLEODS PHARMACEUTICALS LIMITED & ANR.

.....Defendants Through:

Mr.

Chander M.

Lall, Senior Advocate with Ms.

Archana Sahadeva, Mr.

Harshit Bhoi, Mr. Maaz Ali Khan and Ms. Annanya Mehan, Advocates for D-1 Mr. Praveen Singh and Ms. Durgesh Nalini, Advocates for D-2

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 10.01.2025 1.

Mr. Chander M. Lall, senior advocate, on instructions from Ms. Archana Sahadeva, submits that the defendant no.1 undertakes not manufacture the products bearing the impugned mark any further. However, the defendant no.1 seeks six months' time for the exhaustion of the existing stock of the finished products. It is further stated that the defendant no.1 has already changed its trade dress.

2.

The aforesaid statement made on behalf of the defendant no.1 is taken on record and the defendant no.1 shall be bound by the same. 3.

Six months' time period is given to the defendant no.1 to exhaust its CS(COMM) 822/2024 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 24/01/2025 at 13:02:27

existing stock of products bearing the impugned mark. 4.

The defendant no.1 will file an affidavit to the above effect giving details of the existing stock of the finished products bearing the impugned mark along with the batch number. The aforesaid affidavit will be filed within two weeks from today.

5.

At the end of six months or upon exhaustion of the entire stock of its finished products, whichever is earlier, the defendant no.1 shall file another affidavit to the effect that the entire stock of products bearing the impugned mark has been exhausted.

6.

In view of the aforesaid, the present suit is disposed of. 7.

It is made clear that the suit has been disposed of without any observation with regard to the merits of the case. 8.

In view of the fact that the matter has been settled at an early stage, the Registry is directed to issue a certificate of refund of Court Fees in favour of the plaintiff, in terms of Section 16 of the Court Fees Act, 1870, as applicable to Delhi.

AMIT BANSAL, J JANUARY 10, 2025 ds CS(COMM) 822/2024 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 24/01/2025 at 13:02:27