Neon Laboratories Limited v. Syndicate Pharma

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.5612 OF 2025 IN COMMERCIAL IP SUIT NO.538 OF 2025 WITH COURT RECEIVERS REPORT NO.486 OF 2023 WITH LEAVE PETITION (L) NO.30758 OF 2023 Neon Laboratories Limited ...Plaintiff VISHAL SUBHASH PAREKAR

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Syndicate Pharma ...Defendant VISHAL SUBHASH PAREKAR Date: 2025.12.11 10:46:58 +0530 ------ Mr. Rashmin Khandekar a/w. Ms. Pooja Jain and Ms. Taniya Shaikh, Mr. Aniket Katre and Ms. Priyanka More, for the Plaintiff. Ms. Manashree Engineer i/b. Gordhandas & Fozdar, for the Defendant ------ CORAM : SHARMILA U. DESHMUKH, J.

DATE : DECEMBER 10, 2025 P. C. :

IA No. 5612 of 2025 :- 1.

By order dated 7th November, 2023, ad-interim relief was granted in respect of infringement of trade mark and the rival mark is identical trade mark "NEON".

2.

Subsequently, the Defendant has filed its written statement and has stated in paragraph 1 that the prayer clauses (a), (b), (e), (f), (g) and 1 of

(h) in the Plaint have become infructuous in as much as Defendant has stopped using the impugned mark since 17th December, 2022. The same averment is reiterated in paragraph 2.1 of the written statement. 3.

In view of the pleadings in the written statement, Mr. Khandekar, learned counsel appearing for the Plaintiff would seek confirmation of the ad-interim relief granted by order of 7th November, 2023. 4.

Learned counsel for the Defendant does not oppose the said application and would submit, on instructions, that ad-interim be confirmed as interim relief.

5.

In light of the said statement, ad-interim relief granted by order dated 7th November, 2023 is confirmed as interim relief. 6.

By order of even date, this Court has allowed the Leave Petition. and Mr. Khandekar would submit that the relief in respect of passing off be granted by this Court.

7.

There is prima facie finding that the impugned products are counterfeit products and all the essential features of the registered trade mark of the Plaintiff have been copied. It is therefore evident that there is misrepresentation. In so far as goodwill and reputation is concerned, the sales turnover and advertisement expenses have been set out in the Plaint. As the rival mark is identical, the use of the mark is liable to cause damage to the Plaintiff's goodwill and reputation. A strong prima facie case is made out for grant of interim relief in 2 of

respect of passing off.

8.

In light of above, Interim Application is allowed in terms of prayer clause (a) and (b).

9.

Court Receivers Report is disposed of.

10.

Court Receiver stands discharged without passing off accounts. 11.

All costs, expenses and charges of the Court Receiver to be paid within 8 days of demand being raised by the Court Receiver. LPETNL No. 30758 of 2023 :- 12.

Petition seeks leave under clause XIV of the Letters Patent for combining the cause of action of infringement of trademark with the cause of action for passing off. There is no opposition to the said Petition.

13.

Leave Petition stands allowed.

[SHARMILA U. DESHMUKH, J.] 3 of