Wockhardt Limited v. Neptune Life Sciences Pvt.Ltd.

Nitin 1 / 2 934-S-59-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 59 OF 2015 Wockhardt Limited ...

Plaintiff

Versus

Neptune Life Sciences Private Limited ...

Defendant ALONG WITH NOTICE OF MOTION NO. 607 OF 2015 IN SUIT NO. 59 OF 2015 WITH LEAVE PETITION NO. 142 OF 2015 IN SUIT NO. 59 OF 2015 Ms.Nidhi Singh i/b. Vidhi Partners for the Plaintiff. None for the Defendant.

CORAM : S.J. KATHAWALLA, J.

DATED : 22 ND JULY, 2015 P.C.:

1.

Leave under Clause XIV of the Letters Patent is granted to combine the cause of action for passing off with the cause of action for infringement of trademark in the present Suit. 2.

The undertaking of the Defendant forwarded by the Director of the Defendant to the Advocate for the Plaintiff stating that the Defendant agreed to suffer a decree in terms of Clauses (a) to (g) of the undertaking

Nitin 2 / 2 934-S-59-2015 is taken on record. The undertaking is accepted. 3.

The Suit is decreed in terms of Clauses (a) to (g) of paragraph 2 of the said undertaking.

4.

In view thereof, the Plaintiff is not pressing for any cost and / or damages against the Defendant.

5.

The Court Receiver stands discharged without passing accounts but subject to payment of his cost, charges and expenses. 6.

The Suit, Leave Petition and Notice of Motion are accordingly disposed.

7.

Refund of Court fees, if any, as per Rules.

(S.J. KATHAWALLA, J.)