Ajanta Pharma Limited v. Johnlee Pharmaceuticals Pvt Ltd

Digitally signed by KAWRE KIRAN KALYAN Date:

2025.10.16 19:01:02 +0530 1/2 10-COMIP-525-2025 (OS).DOC KAWRE KIRAN KALYAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 525 OF 2025 Ajanta Pharma Limited ...Plaintiff

Versus

Johnlee Pharmaceuticals Pvt Ltd ...Defendant _______ Mr. Ashutosh Kane & Mr. I. K. Paranjape i/b W. S. Kane & Co., for Plaintiff. Mr. Chirag Bhatia a/w Anupama Shah, M. Shah & Pravina for Defendant. _______

CORAM

:

ARIF S. DOCTOR, J.

th OCTOBER 2025 DATE :

P.C.

1.

Mr. Bhatia, learned counsel appearing on behalf of the Defendant has today tendered an additional affidavit on behalf of the Defendant in which it is stated that the Defendants have seized to use the mark OMEFORD, going forward and shall in turn used the mark OMERTOX. However, a perusal of the additional affidavit shows that it is not in the proper form. Learned counsel appearing on behalf of the Defendant submits that he shall file a fresh affidavit. Hence, the same is returned. His statement is however accepted. 2.

The affidavit also sets out that the Defendants have since July 2025 stopped manufacturing the impugned product under the said trademark. 3.

He undertakes to file an affidavit in a proper form. Let such affidavit be filed in the Registry of this Court with an advance copy given to the Plaintiffs Kiran Kawre

2/2 10-COMIP-525-2025 (OS).DOC within a period of one week from today. In view of this, Mr. Kane submits that the Suit itself can be disposed of. Hence, statement made by learned counsel as recorded above and on his undertaking to file affidavit within one week, the Suit is disposed off. The will stand decreed in terms of prayer clause (a) & (b). 4.

In view of this the fair stand taken by the Defendants and also noting the fact that the they have stopped manufacturing the impugned product since July 2025, Mr. Kane submits that he is not pressing for costs. 5.

In the event, the Plaintiff is entitled to refund of Court fees, the same shall be as per rules.

6.

Stand over to 17 th October 2025.

7.

Ad-interim relief, if any granted earlier, shall continue to operate till the next date.

(ARIF S. DOCTOR, J.) Kiran Kawre