Sun Pharma Laboratories Limited, v. Vatave Health Care And ANR.

24_IA249_22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.249 OF 2022 IN COMMERCIAL IP SUIT NO.463 OF 2021 Sun Pharma Laboratories Limited ...

Applicant In the matter between:

Sun Pharma Laboratories Limited ...

Plaintiff Vs.

Vatave HealthCare and others ...

Defendants WITH C.R.R.NO.31 OF 2022 IN COMMERCIAL IP SUIT NO.463 OF 2021 --- Mr. Ashutosh Kane a/w. Mr. Kanishk Agarwal i/b. W. S. Kane & Co. for Plaintiff.

Ms. Rekha Rane, 2nd Assistant to Court Receiver. CORAM : MANISH PITALE, J.

DATE : OCTOBER 10, 2022 P.C. :

In this application, on 03.01.2022, this Court had granted the exparte ad-interim reliefs in favour of the plaintiff. 2.

Subsequently, leave petition under Clause XIV of the Letters Patent was allowed and the ex-parte ad-interim relief pertaining to the action of passing off was also granted.

3.

The papers have been served on the defendants. 4.

On 08.09.2022, this Court extended the ex-parte ad-interim orders until further orders and directed the present application to be placed today for hearing.

5.

Even today, none has appeared on behalf of the defendants. 6.

Heard Mr. Kane, learned counsel appearing for the plaintiff. 1/2

24_IA249_22.doc 7.

This Court is convinced that the plaintiff has indeed made out a strong prima facie case for making the ad-interim reliefs, already granted, absolute. It is found that the plaintiff would indeed suffer grave and irreparable loss, if such ad-interim reliefs are not made absolute and that the balance of convenience lies in favour of the plaintiff. 8.

In view of the above, the ad-interim reliefs granted by this Court by orders dated 03.01.2022 and 03.02.2022 are made absolute and the application stands disposed of.

(MANISH PITALE, J.) Minal Parab 2/2