Abbott Healthcare Private Limited v. Sunlife Sciences & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 263/2016 ABBOTT HEALTHCARE PRIVATE LIMITED ..... Plaintiff Through Mr.Ranjan Narula with Mr.Shashi P.Ojha and Ms.Payal Kalhar, Advocates.

versus SUNLIFE SCIENCES & ORS ..... Defendants Through Mr.Inderdeep Singh with Mr.Chandershekhar, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 18.03.2019 I.A.No.3972/2019 Present application has been filed on behalf of the plaintiff under Order XI read with Section 151 CPC for placing on record the document filed as 'DOCUMENT-1'.

Learned counsel for the defendants has no objection to the present application being allowed.

Consequently, with consent of the parties, the present application is allowed and the original strip packaging of the plaintiff is taken on record.

CS(COMM) 263/2016 Present suit has been filed for permanent injunction, infringement of trademark, copyright, passing off, damages, rendition of accounts etc.

Learned predecessor of this Court vide a detailed order dated

14th October, 2015 had restrained the defendants from using the mark 'EAZYPYRIN' on their products in any manner whatsoever or any other deceptively similar trade mark as that of plaintiff's mark 'ESGIPYRIN'.

Today learned counsel for the defendants states that the defendants have no objection if the present suit is decreed in accordance with para 34 (a), (b) and (c) of the plaint. In view of the aforesaid statement, learned counsel for the plaintiff does not wish to press the present suit for any other and/or further relief.

Consequently, the statement made by learned counsel for the defendants is accepted by this Court and the defendants are held bound by the same.

Registry is directed to prepare a decree sheet accordingly. The next date of hearing i.e. 25th April, 2019 is cancelled. MANMOHAN, J MARCH 18, 2019 KA