United Biotech Private Limited vs Sun Pharma Laboratories Private Limited

1. Vide order dated 29th July 2025, this Court had granted ad- interim relief in terms of prayer clauses (b) and (c) as regards passing off and appointment of a Court Receiver. Subsequently, Interim Application No. 5318 of 2025 was filed under Order XXXIX Rule 4 of the Code of Civil Procedure (`CPC’), seeking to vacate the ex-parte ad- interim order dated 29th July 2025 passed by this Court. Both applications were taken up for hearing. The decision on merits of interim application for injunction decides the fate of the application under Order XXXIX Rule 4 of CPC. 2. The Plaintiff and Defendant are engaged in the business of manufacturing and marketing medicinal and pharmaceutical preparations. The plaint traces the adoption, use and proprietary right to the trade mark “OCTRIDE” to the year 1998 through the Plaintiff’s pre-decessors in title. It is stated that in the year 1998, the Plaintiff had adopted the mark “OCTIDE” which was registered and was thereafter SQ Pathan/Sairaj 3/44 IA-L-19536-2025 & IA-5318-2025-J.odt not pursued nor the registration renewed by the Plaintiff’s pre-decessor in view of the adoption of “OCTRIDE”. 3. Insofar as the mark OCTRIDE is concerned, the applica