Alkem Laboratories Ltd v. Iheal Pharmaceuticals

KAWRE KIRAN KALYAN 1/2 28-IA-5395-2025 (OS).DOC KAWRE KIRAN KALYAN Date: 2025.10.10 18:34:52 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 5395 OF 2025 IN COMMERCIAL IP SUIT NO. 356 OF 2025 Alkem Laboratories Ltd ...Applicant/Plaintiff

Versus

Iheal Pharmaceutical ...Defendant WITH COMMERCIAL IP SUIT NO. 356 OF 2025 IN COMMERCIAL MISCELLANEOUS PETITION NO. 35 OF 2022 Alkem Laboratories Ltd ...Applicant/Plaintiff

Versus

Iheal Pharmaceuticals ...Defendant WITH LEAVE PETITION (L) NO. 10593 OF 2025 _______ Mr. Mahesh Mahadgut a/w Mr. Kaivalya Shetye, Ms. Kalyani Paunikar, for the Applicant/Plaintiff.

Mr. Rahul Punjabi a/w Ishan Shroff, for the Defendant. _______

CORAM

:

ARIF S. DOCTOR, J.

th OCTOBER 2025 DATE :

P.C.

1.

Learned counsel today submits that there was some delay in filing the affidavit in reply. Consequently, the affidavit in rejoinder also not been filed. Kiran Kawre

2/2 28-IA-5395-2025 (OS).DOC Court is informed that both reply and rejoinder are ready. The parties are directed to file the same in the Registry of this Court. Registry to accept the same. 2.

Learned counsel points out that the applicants Leave Petition which is filed for Leave under Clause XIV of the Letters Patent seeking to combine the cause of action for passing off with a cause of action for infringement is pending. He submits that the Leave Petition be allowed. Learned counsel for the Defendant vary fairly does not oppose to the same.

3.

Hence, Leave Petition is allowed in terms of payer clause (a) which reads thus:

"a) That leave be granted by this Hon'ble Court to the Petitioner under Clause XIV of the Letters Patent to combine the Causes of Action for passing off with the Cause of Action for infringement of Trade Mark in the proposed suit;"

th November 2025.

4.

List the Interim Application on 12 (ARIF S. DOCTOR, J.) Kiran Kawre