Dismissed

Socomed Pharma Pvt. Ltd. v. Amico Pharma

Bombay HC28 Nov 2016S/715/2016

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a civil suit and notice of motion involving alleged packaging infringement. The dispute was resolved amicably with the defendants consenting to use revised artwork and the plaintiffs accepting the relief regarding artistic work.

What did the court decide?

Suit and Notice of Motion disposed of without decree; ad-interim order vacated; discharge of Court Receiver subject to payment of costs; refusal to pass accounts recorded.

Socomed Pharma Pvt. Ltd. Vs Amico Pharma — Contract and Commercial Disputes | Bombay HC (2016)

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6-S715-16+.DOC

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SHEPHALI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 715 OF 2016

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WITH

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NOTICE OF MOTION (L) NO. 2156 OF 2016 AND

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CHAMBER SUMMONS NO. 1701 OF 2016

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Socomed Pharma Pvt. Ltd. …Plaintiffs

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Versus

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Amico Pharma …Defendants

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Mr. Alankar Kirpekar , for the Plaintiffs. Mr. Viraag Tulazapurkar , with Ms. Souwmya Srikrishna & Mr. Aliasgar Dholkawala and Mr. Sharleen Lobo, i/b Wadia Ghandy & Co., for the Defendants.

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CORAM: G.S. PATEL, J DATED: 28th November 2016

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PC:-

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1. The Notice of Motion was fully heard and reserved for orders today. Mr. Tulzapurkar for the Defendants and Mr. Kirpekar for the Plaintiffs then agreed to make an attempt at settlement. This dispute has been resolved. The Defendants have forwarded to the Plaintiffs revised artwork. The Plaintiffs have accepted that this revised artwork is not an infringing use. There is a Resolution passed by the

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Page 1 of 3 28th November 2016

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6-S715-16+.DOC

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Plaintiffs’ Board of Directors on 26th November 2016 accepting the revised artwork. Soft copies of the resolution and artwork are annexed to this order.

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2. Mr. Shaikh Shafiq Mohammed, authorised signatory of the Plaintiffs is personally present in Court. He confirms that the Plaintiffs are agreeable to this. By way of abundant caution, soft copies of the Resolution and the label artwork are annexed to this order. As regards the word mark, Mr. Kirpekar in fairness did not press for an injunction or any relief. He confines himself to reliefs regarding the artistic work in the label.

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3. The Suit and the Notice of Motion are disposed of in these terms. Drawn up decree/order is dispensed with.

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4. Refund of Court fees, if any, in accordance with the Rules.

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5. The ad-interim order stands vacated. The Court Receiver stands discharged without passing accounts but on payment of his costs, charges and expenses within four weeks from today by the Plaintiffs.

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6. In view of this, the Chamber Summons No. 1701 of 2016 does not survive and is disposed of accordingly as infrunctuous.

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7. Ms. Srikrishna on behalf of the Defendants states that the Defendants do not have any of the infringing packaging with them. The Defendants will not from today onwards use the previous

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Page 2 of 3 28th November 2016

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6-S715-16+.DOC

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packaging but will use the revised packaging as annexed to this order.

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8. All concerned to act on an authenticated copy of this Order.

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(G. S. PATEL, J.)

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Page 3 of 3 28th November 2016

Socomed Pharma Pvt. Ltd. v. Amico Pharma

Case brief

What is this about?

What did the court decide?

Socomed Pharma Pvt. Ltd. v. Amico Pharma

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

Case details

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Socomed Pharma Pvt. Ltd. Vs Amico Pharma