High Court of DelhiCS(COMM)/468/2016

Mankind Pharma Limited v. Rasual Pharma & ANR

2017-09-21Hon'Ble Mr. Justice J.R. Midha2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 468/2016 MANKIND PHARMA LIMITED ..... Plaintiff Through Mr. Harsh Vardhan, Adv.

versus RASUAL PHARMA & ANR ..... Defendant Through

CORAM:

SANJAY JINDAL (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 18.07.2018 CS(COMM) 468/2016 This is a disposed of matter and the file has been placed alongwith the noting/report dated 29.05.2018 of the Registry wherein it is mentioned that the name of defendants is mentioned as Rasual Pharma & Anr. at some places and Rasual Power & Anr. on some other places.

I have perused the record.

This is suit for permanent injunction for infringement of copyright and passing off and dilution of trade mark, rendition of accounts, delivery up and damages etc. The suit was disposed of by the Hon'ble Court vide order dated 21.09.2017 in view of the settlement between the parties and a decree was accordingly drawn.

It is found that in some of the documents filed alongwith plaint like consolidated index, index I and nature of matter etc, the name of defendants is mentioned as Rasual Pharma & Anr. while in memo of parties and other documents, the name of defendant no. 1 is mentioned as Rasual Power. In the court's orders, the name of the defendants is reflected as Rasual Pharma & Anr. including the order dated 21.09.2017. In decree sheet prepared by the DR(O), the name of defendant no. 1 is mentioned as Rasual Power. So far as the documents on the basis of which the present suit has been filed by the plaintiff, the name of the defendant no. 1 is shown as Rasual Pharma.

In view of above facts and circumstances, I deem it appropriate to put the matter before the Hon'ble Court for further directions. So, let the matter be put up before the Hon'ble Court on 31.07.2018 for further directions.

SANJAY JINDAL (DHJS) JOINT REGISTRAR (JUDICIAL) JULY 18, 2018/pk