Ajanta Pharma Limited v. Velite Healthcare And ANR

s 566 of 2015 (933).sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.566 OF 2015 WITH NOTICE OF MOTION NO.1080 OF 2015 Ajanta Pharma Limited ...

Plaintiff versus Velite Healthcare and Anr.

...

Defendants Mr. A.H.Kane with Ms. A. Kamath i/by M/s. W.S.Kane and Co., for Plaintiff. Mr. Pavan Patil, for Defendants.

CORAM: S.J. KATHAWALLA, J.

DATE: 11th AUGUST, 2015 P.C.:

1.

Heard the learned Advocates for the parties and by consent, the following order is passed :

(i) The Suit is decreed in terms of prayer clause (a), which is reproduced hereunder :

"(a) that the Defendants by themselves, their directors, servants, stockist, dealers, distributors agents and all persons claiming through them be restrained by a perpetual order and injunction of this Hon'ble Court from infringing the Plaintiff's registered trade mark GLORIA bearing registration No.1484038 in Class 05 by the use of the impugned trade mark GLORIA or any other trade mark identical with or deceptively similar to the Plaintiff's said registered trade mark GLORIA in respect of ssp 1/2

s 566 of 2015 (933).sxw the impugned goods or any other goods which are same as or similar to the goods in respect of which the Plaintiff has secured aforesaid registration or in any other manner whatsoever;"

(ii) In the event of the Defendants having filed any Application for registration of the mark "GLORIA" or any other deceptively similar mark, they shall not proceed with the same and withdraw the same within a period of four weeks from the date of this order.

(iii) The Court Receiver is discharged without passing accounts, and upon payment of costs charges and expenses by the Advocate for the Plaintiff. (iv) In view of this order, the Plaintiff is not pressing for any costs/damages.

(v) The Suit is accordingly disposed off. Refund of Court Fees, if any, as per rules. The Notice of Motion No.1080 of 2015 also stands disposed off. ( S.J.KATHAWALLA, J. ) ssp 2/2