SUN INDIA PHARMACY P LIMITED vs HYETO HERBALS PRIVATE LIMITED

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 7th May, 2025 + CS(COMM) 381/2020 SUN INDIA PHARMACY P LIMITED .....Plaintiff Through: Mr. Ranjan Narula, Mr. Shakti Priyam Nair and Mr. Parth Bajaj, Advocates versus HYETO HERBALS PRIVATE LIMITED .....Defendant Through: CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringement of trade mark and copyright and passing off of its products as those of the plaintiff along with other ancillary reliefs. PROCEEDINGS IN THE SUIT 2. Summons in the suit and notice in the application for interim injunction were issued to the defendant on 16th September, 2020. On the same date, an ex-parte ad interim injunction in favour of the plaintiff and against the defendant was granted. 3. As recorded in the order dated 25th February 2021, pleadings in the suit were completed. An application under Order XXXIX Rule 4 of the Signature Not Verified Digitally Signed CS(COMM) 381/2020 Page 1 of 10 By:VIVEK MISHRA Signing Date:13.05.2025 16:23:51 Code of Civil Procedure, 1908 (hereinafter ‘CPC’) was also filed on behalf of the defendant. 4. Vide order dated 24th August 2022, the parties were referred for mediation to Delhi High Court Mediation and Conciliation Centre. However, the mediation efforts were not fruitful. 5. Vide order dated 3rd May 2023, the ad interim injunction granted in favour of the plaintiff and against the defendant was made absolute. 6. The parties were again referred for mediation to Delhi High Court Mediation and Conciliation Centre vide order dated 29th January 2024, which was also unsuccessful. 7. On 1st August 2024, the defendant was proceeded against ex-parte. An affidavit dated 21st Se