Alkem Laboratories Ltd v. Numen Pharma Private Limited

24 LPETN-78-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION LEAVE PETITION NO. 78 OF 2025 IN COMMERCIAL IP SUIT NO. 679 OF 2025 Alkem Laboratories Ltd ...Plaintiff

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Numen Pharma Private Limited ...Defendant WITH INTERIM APPLICATION (L) NO. 12589 OF 2025 IN COMMERCIAL IP SUIT NO. 679 OF 2025 ------ Mr. Mahesh A. Mahadgut, Ms. Kalyani Paunikar for Plaintiff. Ms. Archana Deshmukh, Mr. Manas Adhangle, Mr. Aayush Shah i/b Singhania and Co. for Defendant.

------ Coram : Sharmila U. Deshmukh, J.

Date : 4th December, 2025.

P. C. :

Leave Petition No. 78 of 2025 :

1.

Not on Board. Taken on Board.

2.

Leave Petition has been preferred seeking leave under Clause XIV of Letters Patent (Bombay) for combining the cause of action of passing-off with cause of action of infringement of trade mark. 3.

As the proceedings arise out of same set of transactions, there is no need for artificial distinction of cause of action. Sairaj 1 of

24 LPETN-78-2025.doc 4.

Leave Petition is allowed.

Interim Application (L) No. 12589 of 2025 :

5.

The hard copy of Affidavit-in-reply is tendered by Defendant and is taken on record.

6.

Learned counsel appearing for Plaintiff seeks time to file Affidavit-in-rejoinder.

7.

The Affidavit-in-rejoinder to be filed on or before 6th January, 2026.

8.

Stand over to 8th January, 2026. Ad-interim relief granted earlier to continue till the next date.

[Sharmila U. Deshmukh, J.] Sairaj 2 of