Sun Pharmaceutical Laboratories Ltd v. Rspl Helathcare P Ltd & ANR.

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 18.12.2024 + SUN PHARMACEUTICAL LABORATORIES LTD .....Appellant Through:

Mr. Amit Sibal, Sr. Advocate with Mr. Sachin Gupta, Mr.

Rohit Pradhan, Ms. Prashana Singh, Mr. Adarsh Agarwal, Mr. Saksham Dhingra, Mr.

Ankur Vyas and Mr. Ankit Handa, Advs.

versus RSPL HELATHCARE P LTD & ANR.

.....Respondents Through:

Mr. Chander M. Lall, Sr.

Advocate with Mr. Shrawan Kumar Bansal, Mr. Rishi Bansal, Ms. Ayushi Arora and Ms. Deesha Mehta, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral) CM APPL. 74097/2024, CM APPL. 74098/2024 & 74099/2024 (Exemptions) 1.

Allowed, subject to all just exceptions.

2.

The applications stand disposed of.

CM APPL. 74100/2024 (Permission to file Additional Documents) 3.

For the reasons stated in the application, the application is allowed.

4.

The application stands disposed of.

FAO (COMM) 241/2024 & CM APPL. 74101/2024 5.

This appeal has been filed challenging the Order dated 03.12.2024 passed by the learned District Judge (Commercial Courts)- 02, (New Delhi District), Patiala House Courts, New Delhi, in CS DJ (COMM) No. 914/2024, granting an ad-interim exparte injunction in favour of the respondent herein and restraining the appellant herein from using the trademark/label 'PRUEASE' in any form and manner which is identical and/or deceptively and confusingly similar to the respondent's registered trade mark/ label PRO-EASE on any goods. The learned Trial Court has also appointed a Local Commissioner to inter-alia make an inventory and take into custody all goods, packaging material and other material being the trademark PRUEASE from the appellant herein.

6.

Issue notice.

7.

Notice is accepted by Mr.Shrawan Kumar Bansal, the learned counsel for the respondents.

8.

After making some suggestions, the learned senior counsel for the parties submits that, without prejudice to the rights and contentions of the respondents, the Impugned Order may be set aside with the direction to the learned Trial Court to expedite the hearing of the application filed by the respondents under Order XXXIX Rules 1 and 2 of the Civil Procedure Code, 1908 (CPC).

9.

In view of the above, we set aside the Impugned Order and restore the application filed by the respondents under Order XXXIX Rules 1 & 2 of the CPC. The appellant accepts the notice of the said application and shall file a reply to the said application within a period of two weeks from today. Rejoinder, if any, be filed by the respondents within one week of the receipt of the copy of the reply from the appellant.

10.

The application shall be listed before the learned Trial Court on 16.01.2025, and the learned Trial Court shall make an endeavour to dispose of the said application within a month thereof. 11.

The appeal, along with pending application, is disposed of in the above terms.

NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 18, 2024 Sg/DG Click here to check corrigendum, if any