M/S.Elder Pharmaceuticals Ltd. v. Uniorange Life Care Pvt. Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY (TM)A.No.61 of 2025 in (T)OP(TM)No.42 of 2023 (ORA/222/2012/TM/CHN)
1. M/s.Elder Pharmaceuticals Ltd.
Elder House, C-9, Dalia Industrial Estate, Off New Link Road, Andheri (West), Mumbai - 400 058.
2. Torrent Pharmaceuticals Limited, A Company registered under the Indian Companies Act, 1956 Having Office at Torrent House, Off Ashram Road, Ahmedabad-380 009.
.. Applicants/Petitioners -vs1. M/s.Uniorange Life Care Pvt. ltd., 3/243-P, Copper Villas, Chembumukku, Kakkanad PO, Ernakulam 682 030, Kerala.
2. The Registrar of Trade Marks, Trade Marks Registry, Chennai.
... Respondents/Respondents Prayer : Application is filed under Order VII Rule 14(3) of the CPC, 1908 Read With Order XIV Rule 8 of the Madras High Court Original Side 1/4
Rules, to receive the documents mentioned in the schedule below as an additional document on behalf of the 2nd applicant. For Applicant : Ms.N.Preetha for M/s. Krishna and Saurastri Associates LLP For R1 :Mr.Perumbulavil Radhakrishnan For R2 : Ms.V.Sudha, CGSC
ORDER
By this application, leave is sought for filing the documents described in the schedule to the Judge's summons. Although the application has been purportedly filed on behalf of both the rectification petitioners, the first rectification petitioner is currently represented by the Official Liquidator, Bombay High Court. Therefore, this application is proceeded with on the basis that only the 2nd rectification petitioner is the applicant.
2. The documents proposed to be filed are documents relating to opposition proceedings and rectification petitions between the contesting parties hereto.
3. Learned counsel for the 1st respondent submits that these 2/4
documents may be permitted to be filed subject to the right of the said respondent to file an affidavit of admission/denial and raise objections, inter alia, on the grounds of admissibility, relevance and proof in case oral evidence is adduced.
4. Upon considering the above submissions and on taking into account the nature of documents, this application is allowed subject to the right of the contesting respondent to file an affidavit of admission/denial and raise objections, inter alia, on the grounds of admissibility, relevance and proof in case there is oral evidence or otherwise in course of final disposal.
15.07.2025 kj (1⁄2) To The Registrar of Trade Marks, Trade Marks Registry, GST Road, Guindy, Chennai - 600 032.
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SENTHILKUMAR RAMAMOORTHY,J.
kj (TM)A.No.61 of 2025 in (T)OP(TM)No.42 of 2023 (ORA/222/2012/TM/CHN) 15.07.2025 (1/2) 4/4