Centaur Pharmaceuticals Pvt. Ltd. Vs M/S. Intas Pharmaceuticals Ltd. and Anr.

Letters Patent. There is no dispute that this Court has jurisdiction so far as the action relates to infringement. Nor is there any dispute that for an action for passing off simpliciter, this Court has no jurisdiction. The only question is whether leave under clause XIV ought to be allowed which would permit this Court to entertain an action for infringement and passing off.

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The defendants merely stated in their affidavit in reply that they

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will be relying upon the documents which are outside the jurisdiction

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lpetn50.12

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2

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of this Court. Apart from merely making a statement, there is nothing to indicate even the extent of any inconvenience that would be caused. There is nothing to indicate that inconvenient would be to such an extent that leave under clause XIV ought to be rejected.

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In the circumstances, I see no reason to compel the plaintiff to file a separate action for passing off in another Court.

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In the circumstances, I have granted leave under clause

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XIV. The application for stay is rejected.

Centaur Pharmaceuticals Pvt. Ltd. v. M/S. Intas Pharmaceuticals Ltd. and Anr.

Case brief

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Centaur Pharmaceuticals Pvt. Ltd. v. M/S. Intas Pharmaceuticals Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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