RSPL HEALTH PVT. LTD. vs SUN PHARMA LABORATORIES LIMITED & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 03.03.2025 Pronounced on: 12.06.2025 + FAO (COMM) 65/2025 & CM APPL. 12743/2025 RSPL HEALTH PVT. LTD. .....Appellant Through: Mr.Raj Shekhar Rao, Sr. Adv. & Ms.Swathi Sukumar, Sr. Adv. with Mr.S.K. Bansal, Mr.Rishi Bansal, Mr.Rishabh Gupta & Ms.Ayushi Arora, Advs. versus SUN PHARMA LABORATORIES LIMITED & ANR .....Respondents Through: Mr.Amit Sibal, Sr. Adv. with Mr.Sachin Gupta, Mr.Rohit Pradhan, Mr.Tanmay Sharma, Ms.Prashansa Singh, Mr.Saksham Dhingra, Mr.Ankur Vyas & Mr.Ankit, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT NAVIN CHAWLA, J. 1. This appeal has been filed under Section 13 of the Commercial Courts Act, 2015 (in short, „CC Act‟) challenging the Order dated 15.02.2025, passed by the learned District Judge (Commercial Court- 02), New Delhi District, Patiala House Court, in CS (COMM) No. Signature Not Verified Digitally Signed FAO (COMM) 65/2025 Page 1 of 37 By:RENUKA NEGI Signing Date:12.06.2025 13:39:52 914/2024, titled RSPL Health Pvt. Ltd. v. Sun Pharma Laboratories Ltd. and Anr. (hereinafter referred to as the „Impugned Order‟), dismissing the application filed by the appellant herein under Order XXXIX Rules 1 and 2 the Code of Civil Procedure, 1908 (in short, „CPC‟). Brief Background 2. As the facts and pleadings giving rise to the present appeal have been stated in detail in the Impugned Order itself, we would only give a brief background of these facts necessary for the adjudication of the grounds urged by the parties, in support and against the present appeal. 3. The above suit has been filed by the appellant praying for inter alia a decree of permanent injunction restraining the respondents from dealing in or using the trademark/label „PRUEASE‟ (hereina