ELDER PROJECT LIMITED THROUGH AUTHORISED REPRESENTATIVE MR ANUJ JAGDISH SAXENA vs ELDER NEUTRACITICALS PRIVATE LIMITED

Judgment text excerpt

NEETA SAWANT IAL 35091 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO.35091 OF 2025 IN COMMERCIAL IP SUIT (L) No.27106 of 2025 Elder Neutraciticals Private Limited ...Applicant/Defendant IN THE MATTER BETWEEN ...Plaintiff Elder Prroject Limited V/s. Elder Neutraciticals Private Limited ...Defendant WITH INTERIM APPLICATION (L)NO.27598 OF 2025 IN COMMERCIAL IP SUIT (L) No.27106 of 2025 Elder Prroject Limited ...Applicant/Defendant IN THE MATTER BETWEEN ...Plaintiff Elder Prroject Limited V/s. Elder Neutraciticals Private Limited ...Defendant ________________ Mr. Karl Tamboly with Mr. Bhupesh Dhumatkar, Mr. Rohit Pandey & Mr. Bhavin Shah i/b Mr. Dinesh Dubey, for Plaintiff & for Applicant in IAL/27598/2025 Mr. Hiren Kamod with Mr. Nihit Nagpal, Ms. Nisha Kaba, Mr. Abhijit Singh, Mr. Anees Patel & Ms. Areen Shaikh, for Defendant & for Applicant in IAL/35091/2025 Digitally signed by ________________ NEETA NEETA SHAILESH SHAILESH SAWANT SAWANT Date: 2026.03.09 19:58:29 +0530 Page No.1 of 65 9 March 2026 NEETA SAWANT IAL 35091 OF 2025 CORAM: SANDEEP V. MARNE, J. RESERVED ON: 18 FEBRUARY 2026. PRONOUNCED ON: 09 March 2026. JUDGMENT: 1) This is an action by the Plaintiff complaining of infringement and passing off in respect of its registered trademark used by it for manufacture and sale of its pharmaceutical and medicinal products. It is Plaintiff’s case that the Defendant’s mark is identical with and/or deceptively similar to the Plaintiff’s mark and that the Defendant is using the impugned mark in respect of identical goods. In its Suit, Plaintiff filed application for temporary injunction. On 26 September 2025, the Plaintiff persuaded this Court to pass an ex-parte ad-interim injunction in its favour inter a