Sun Pharma Laboratories Limited v. 3g Lifesciences

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY A.No.1342 of 2025 in C.S.(Comm.Div)No.135 of 2024 Sun Pharma Laboratories Limited, CD Plot No.3, Door No.8, Old Tower Block Street, Nandhanam Extension, Chennai - 600035. ... Applicant/Plaintiff -vs3G Lifesciences, B-1, Arun Complex, Behind CU Shah College, Near Income Tax, Ahmedabad - 380 014 and also at 303, Navdeep Complex, Paldi, Ahmedabad - 380 007 and another ... Respondents/Defendants Prayer:Application filed under Order XIV and Rule 8 of O.S.Rules Read With Order XI Rule 1 (5) of the Code of Civil Procedure, 1908, to grant leave to the applicant to produce the additional documents, morefully described in the schedule to the Judge's summons, as evidence in support of applicant in C.S.(Comm.Div)No.135 of 2024 on the file of this Court. 1/4

For Applicant/Plaintiff : Mr.S.Diwakar for Mr.Rajesh Ramanathan For Respondents : No appearance

ORDER

In the suit, the plaintiff has requested for rendition of accounts and a consequential decree for profits. The plaintiff has also prayed for a direction for surrender of stocks bearing the impugned mark. On the basis that the defendants destroyed infringing materials, the present application has been filed. The plaintiff seeks leave to file and rely on e-mail sent by the 2nd defendant containing photos and videos showing destruction of infringing goods and materials.

2. The defendants were set ex parte on account of not entering appearance and contesting the suit in spite of suit summons having been served in August and September 2024. Therefore, this application is proceeded with in the absence of the defendants.

3. The e-mail that the plaintiff seeks to produce is subsequent to the 2/4

institution of the suit. Given the nature of the relief claimed, as noticed earlier, the e-mail may be relevant to establish the suit claim. Therefore, the plaintiff is permitted to produce this document subject to compliance with requirements in such regard.

4. The application is allowed on the above terms. 17.03.2025 (1/3) kj 3/4

SENTHILKUMAR RAMAMOORTHY,J.

Kj A.No.1342 of 2025 in C.S.(Comm.Div)No.135 of 2024 17.03.2025 (1/3) 4/4