SUN PHARMA LABORATORIES LTD vs INTERIO INTERNATIONAL P LTD & ORS.

Judgment text excerpt

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 184/2022 & I.A. 4715/2022, I.A. 9908/2023, I.A. 32022/2024 SUN PHARMA LABORATORIES LTD .....Plaintiff Through: Mr. Sachin Gupta, Advocate (through VC) versus INTERIO INTERNATIONAL P LTD & ORS. .....Defendants Through: Mr. Sohaib Alam, Advocate for D-2 Mob: 9999373017 Ms. Mehak Bhatia, Advocate for D-3 Mob: 9958472603 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 10.12.2024 MINI PUSHKARNA, J (ORAL) I.A. 32022/2024 (Application seeking Summary Judgment under Order XIII-A of Commercial Courts Act, 2015 read with Section 151 of CPC and Rule 27 of the Delhi High Court IPD Rules, 2021) 1. The present application has been filed seeking a summary judgment on behalf of the plaintiff under Order XIII-A of Commercial Courts Act, 2015 read with Section 151 of Code of Civil Procedure, 1908 (“CPC”) and Rule 27 of the Delhi High Court Intellectual Property Division Rules, 2021 (“IPD Rules”). 2. The present suit has been filed by the plaintiff seeking permanent injunction restraining the defendants from dealing in medicinal and Signature Not Verified Digitally Signed CS(COMM) 184/2022 Page 1 of 9 By:AMAN UNIYAL Signing Date:08.01.2025 21:07:03 pharmaceutical products under the impugned mark OMRA, which is deceptively similar to the plaintiff‟s prior used and well-known trademarks OXRA and/or OXRAMET. 3. The plaintiff seeks a summary judgment against the defendants, on the ground that the defendants have no prospect of defending the plaintiff‟s claims. 4. Vide order dated 28th March, 2022, this Court had granted an ex parte ad interim injunction against the defendants from using the mark „OMRA‟, for pharmaceutical medicinal preparation, which is deceptively similar to the plaintiff‟s trademarks „OXRA‟ and „OXRAMET‟. 5. This C