SUN PHARMACEUTICAL INDUSTRIES LTD vs SATEJ M KATEKAR PROP OF ABSUN PHARMA

Judgment text excerpt

bipin prithiani 1 comip-111.13.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 111 OF 2013 WITH NOTICE OF MOTION NO. 27 OF 2013 IN COMMERCIAL IP SUIT NO. 111 OF 2013 Sun Pharmaceutical Industries Ltd. … Plaintiff Versus Satej M. Katekar, Proprietor of Absun Pharma … Defendant ****** Mr. Hiren Kamod a/w Mr. Nishad Nadkarni, Mr. Aasif Navodia, Ms. Khushboo Jhunjhunwala, Ms. Jaanvi Chopra and Ms. Rakshita Singh i/by Khaitan and Co. for the Plaintiff/Applicant. Mr. Rashmin Khandekar a/w Mr. Anand Mohan and Mr. Lalit Nair for Defendant. ****** CORAM : MANISH PITALE, J. RESERVED ON : 3rd FEBRUARY 2026 PRONOUNCED ON : 22nd APRIL 2026 JUDGMENT : . The plaintiff-Sun Pharmaceutical Industries Ltd. has filed this suit, seeking a decree of permanent injunction to restrain the defendant from using the impugned trade mark/trade name ‘ABSUN’/ ‘ABSUN PHARMA’ on the ground that it infringes upon the registered trade mark/house mark of the plaintiff ‘SUN’/ ‘SUN PHARMA’. The plaintiff has also sought a decree of permanent injunction restraining the defendant from using the impugned mark ‘ABSUN’/ ‘ABSUN PHARMA’, so as to pass off its goods as those of the plaintiff. The plaintiff has further sought similar decree of bipin prithiani 2 comip-111.13.doc permanent injunction regarding infringement and passing off concerning the use of trade mark ‘E-MIST’ used by the defendant in the context of the registered trade mark ‘EYEMIST’. The plaintiff has further claimed damages. 2. The controversy in the present suit is now limited to the marks ‘SUN’/ ‘SUN PHARMA’ versus ‘ABSUN’/ ‘ABSUN PHARMA’, for the reason that when Notice of Motion (Lodging) No.681 of 2013 was pressed on behalf of the plaintiff, a statement was