FDC LIMITED vs PALSONS DERMA PRIVATE LIMITED

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th April, 2025 I.A. 13241/2023 IN + CS(COMM) 487/2023 FDC LIMITED .....Plaintiff Through: Mr. Prithvi Singh, Advocate. versus PALSONS DERMA PRIVATE LIMITED .....Defendant Through: Mr. Mohan Vidhani, Mr. Saurabh Kumar, Ms. Mokshita Gautam, Ms. Nidhi Pandey and Ms. Urvashi Arora, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. Since 14th April 2025 was declared a Court holiday, the matters listed on 14th April 2025 are being taken up today, i.e. 15th April 2025. I.A. 13241/2023 (under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908) 2. This application has been filed on behalf of the plaintiff under the provisions of Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 seeking an ad interim injunction against the defendant. 3. Summons in the present suit and notice in the application for interim injunction were issued and accepted on behalf the defendant in Court on 21st July 2023. Signature Not Verified Digitally Signed By:DHARMENDER SINGH CS(COMM) 487/2023 Page 1 of 19 Signing Date:15.04.2025 14:48:34 4. Pleadings in the suit stand completed. Written submissions have been filed on behalf of the parties and submissions were heard on behalf of counsel for the parties on 17th February 2025 and 26th March 2025. CASE SET UP IN THE PLAINT 5. The case set up by the plaintiff in the plaint is as under: 5.1. The plaintiff, incorporated in 1940, started its operations with marketing vitamins and a range of prescription formulations. The plaintiff has a distinct presence in numerous therapeutic segments including dermatological formulations under various trade marks including the mark KROMALITE. 5.2. The plaintiff trades in over 300 products in India and export