M/S.Apex Labouratories Pvt Ltd v. Pureca Laboratories

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 26TH DAY OF APRIL 2018 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A.No.3775 OF 2018 in CS.No.277 of 2018 M/s.Apex Laboratories Pvt.Ltd., 29, III Floor, SIDCO Garment Complex, Guindy, Chennai 600 032 Rep.by its Authorised Signatory, D.Jude F.L.S.Durai Pandian ..Applicant/Plaintiff Vs.

1.Pureca Laboratories Private Limited, D-232, Sector 2, DSIIDC, Bawana, Delhi 110 039 2.Pureca Laboratories Private Limited, Plot No.93, Block C, Sec-2, DSIIDC Bawana, Delhi 110 039 3.Pureca Laboratories Private Limited, L/G, 11 & 12, Ashoka Mall, Pune 411 011 ..Respondents/Defendants Application praying that this Hon'ble Court be pleased to permit the applicant/plaintiff to combine the causes of action for infringement of trademark, infringement of copyright and passing off in a single suit.

This Application coming on this day before this court for hearing and the court made the following order: This Application has been filed to combine the cause of action seeking injunction for infringement and also for passing off in a single suit.

2.The defendants are the same. The basis for instituting the suit is also the same and consequently, combination of the cause of action is permitted and this Application is allowed.

3.Post C.S.No. 277 of 2018 and all other connected Applications for consideration of this Court on 27.04.2018. Sd./- C.V.K.J 26.04.2018 //Certified to be true copy// Dated at Madras this the 26th day of April 2018. COURT OFFICER (O.S.) TR/26.04.2018 From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.