Disposed

J. B. Chemicals and Pharmaceuticals Ltd. v. Laborate Pharmaceuticals India Ltd.

Bombay HC8 Mar 2017NMCD/371/2017

Case brief

AI extract

What is this about?

Notice of Motion regarding disputed trademark usage. The court accepted the defendant's affidavit admitting prior use under a bona fide belief but ordering cessation. The court permitted two specific batches of goods already in transit to proceed.

What did the court decide?

Permission granted for two specific consignments of impugned goods in transit to proceed; undertaking accepted for cessation of all other manufacture and use.

J. B. Chemicals and Pharmaceuticals Ltd. Vs Laborate… — Company and Corporate | Bombay HC (2017)

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922-NMSL450-17.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 450 OF 2017

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IN

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SUIT (L) NO. 131 OF 2017

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WITH

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LEAVE PETITION NO. 73 OF 2017

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JB Chemicals & Pharmaceuticals Ltd
Versus

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…Plaintiffs

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Laborate Pharmaceuticals India Ltd…Defendants

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Mr Mahesh Mahadgut, a/w Ms Poonam T, i/b Mr Mahesh
Mahadgut, for the Plaintiffs.
Ms Prachi Pandya, i/b Corporate Attorney, for the Defendants.

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CORAM:G.S. PATEL, J
DATED:8th March 2017

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PC:-

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1.I have an Affidavit from the Defendant. In paragraph 4, the
Director, Mr Aditya Bhatia, claims that his company developed the
rival product in 2013 under the bona fide belief that it was an
original mark and being unaware of the Plaintiffs’ prior mark. This is
of course not a valid defence. In the affidavit, Mr Bhatia then says
that on receiving a copy of the papers in this Suit and Notice of

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Page 1 of 3

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8th March 2017

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922-NMSL450-17.DOC

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Motion on 25th February 2017, the Defendant immediately ceased
manufacturing of products under the impugned mark and label.

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2.Paragraphs 7 to 9, however, relate to two batches of the
impugned product. One batch of 100,000 units is said be in trans-
shipment from 23rd February 2017 to Iraq with an invoice value of
US$ 25,000. Another consignment of 20th February 2017 is to
Afghanistan. It is of 30,000 units with a invoice value of US$
15,000. Annexed to this Affidavit are invoices and packing lists. Mr
Bhatia asks that these two shipments and only these two shipments
be allowed through.

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3.Mr Mahadgut has instructions to oppose this application
most strenuously. He insists that I should see discrepancy between
invoices and their dates and urges me to conclude that these are
fabricated. Mr Bhatia volunteered this information. He was not
asked to disclose it. If indeed these invoices were fabricated, Mr
Bhatia could as well have fabricated ten not two, and claimed a
transhipment value of much more than he has. His entire Affidavit
would have been quite in order without paragraphs 6 to 9 if these
invoices and orders were fraudulent or had there been no genuine
shipments at all. Indeed given the approach of the Defendant from
the beginning and Mr Bhatia’s instructions to his Advocate from the
first date of hearing, I see no reason to discredit his Affidavit. I find
it completely candid and worthy of acceptance.

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4.I will accept the Affidavit and the statements made in it and I
will permit the two consignments mentioned in this Affidavit to

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Page 2 of 3
8th March 2017

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922-NMSL450-17.DOC

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proceed. The Defendants’ statement that they have ceased
manufacture and use of the impugned labels and have no further
consignments in transit is noted as an undertaking to the Court. The
Affidavit will be filed in the Registry with continuous pagination.

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5.This sufficiently disposes of the Notice of Motion. No costs.
The suit will continue and the Plaintiffs will be at liberty to pursue
their claim, including in damages, if so advised.

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6. List the Suit for directions high on board on 4th April 2017.

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(G. S. PATEL, J.)

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Page 3 of 3
8th March 2017

J. B. Chemicals and Pharmaceuticals Ltd. v. Laborate Pharmaceuticals India Ltd.

Case brief

What is this about?

What did the court decide?

J. B. Chemicals and Pharmaceuticals Ltd. v. Laborate Pharmaceuticals India Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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