Sun Pharmaceutical Industries Ltd v. M/S. Lifestar Pharma Pvt.Ltd.

225-NMS-66-2015.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.66 OF 2015 IN SUIT NO.1016 OF 2014 Sun Pharmaceutical Industries Ltd.

... Plaintiff

Versus

M/s. Lifestar Pharma Pvt. Ltd.

... Defendant Mr. H. Kane, i/b W.S. Kane & Co. for the Plaintiff. CORAM: G.S. PATEL, J DATED:

16th June 2016 PC:- 1.

On 24th November 2014, statement made on behalf of the Defendant was recorded by the Court ( S.C. Gupte, J.) that before launching any product under the impugned mark "Sunkind", the Defendant would give at least four weeks' notice to the Plaintiff. It was on that basis that the application for ad-interim reliefs was not taken up at that stage.

2.

Mr. Kane for the Plaintiff points out in fairness that there is no Affidavit in Reply. The Defendant is not represented in Court today. Mr. Kane states that if the statement made on 24th 16 June 2016

225-NMS-66-2015.DOC November 2014 is accepted and continued, this is sufficient for the purposes of this Notice of Motion.

3.

I believe the request or submission made by Mr. Kane is more than fair. It causes Defendant no prejudice. The order that he seeks has held the field for the past year and a half or more. 4.

The statement made and recorded on 24th November 2014 will continue as the final order on the Notice of Motion. 5.

The Notice of Motion is disposed of in these terms with liberty to parties to apply.

(G. S. PATEL, J.) 16 June 2016