Ajanta Pharma Limited vs Sunways Rohto Pharmaceutical Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

Ajanta Pharma Limited vs Sunways Rohto Pharmaceutical Pvt. Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suit decreed on admission in terms of the consent terms and prayer clauses (a) and (b): permanent injunction restraining the Defendant, its directors, agents, servants, stockists, dealers, distributors, importers, exporters and all persons claiming through it from (a) infringing the Plaintiff's registered trade mark OLOPAT (Registration No. 1370425 in Class 05) by use of the impugned mark or any identical/deceptively similar mark, and (b) manufacturing, marketing, selling, advertising, exporting, trading in or otherwise dealing in medicinal and pharmaceutical preparations and/or similar goods under OLOPAT or deceptively similar marks so as to pass off; statements in consent terms accepted as undertakings to the Court; refund of court fees as per Rules; interim applications disposed of.

Issue for consideration

Subject matter of decreed prayer clause (a): whether the Defendant is to be permanently restrained from infringing the Plaintiff's registered trade mark OLOPAT (Registration No. 1370425 in Class 05) by use of the impugned mark OLOPAT or any mark containing that word, or any identical or deceptively similar mark. +1 more

Ratio / Principle

The statements made in the consent terms were accepted by the Court as undertakings given to it.

Key takeaways

The Defendant submitted to a decree on admission in terms of prayer Clauses (a) and (b) of the plaint.ratio¶3
The suit is decreed on admission in terms of the consent terms, specifically in respect of prayer clauses (a) and (b) of the plaint.ratio¶4
Refund of court fees was directed as per Rules.ratio¶5

Detailed headnote1 paragraphs

Bombay High Court (Original Ordinary Appellate Jurisdiction, Commercial Division), Commercial IP Suit No. 381 of 2025 (neutral citation 2025:BHC-OS:11505), decided July 21, 2025 by Sharmila U. Deshmukh, J. — Ajanta Pharma Limited v. Sunways Rohto Pharmaceutical Pvt. Ltd. On the matter being reported settled, consent terms signed by the authorised signatories of both parties (with Board Resolutions annexed and identities verified by Counsel and Aadhaar Cards) were taken on record and marked 'X'. The Court accepted the statements in the consent terms as undertakings given to it and decreed the suit on admission in terms of prayer clauses (a) and (b): a permanent injunction restraining the Defendant, its directors, agents, servants, stockists, dealers, distributors, importers, exporters and all persons claiming through it from infringing the Plaintiff's registered trade mark OLOPAT (Registration No. 1370425 in Class 05) by use of OLOPAT or any identical or deceptively similar mark, and from manufacturing, marketing, selling, advertising, exporting or otherwise dealing in medicinal and pharmaceutical preparations and/or similar goods under such marks so as to pass off. Refund of court fees as per Rules; decree to be drawn up accordingly; interim applications, if any, stood disposed of as not surviving.

2025:BHC-OS:11505

56 comip 381-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIGINAL ORDINARY APPELLATE JURISDICTION IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 381 OF 2025

Ajanta Pharma Limited ... Plaintiff. Versus Sunways Rohto Pharmaceutical Pvt. Ltd. ... Defendant.

Mr. Ashutosh Kane, Vedangi Soman a/w. Divya Raut i/by W.S. Kane & Co. for the Plaintiff.

Mr. Nishank Barolia i/by Khurana and Khurana Advocates for the Defendant.

Coram : Sharmila U. Deshmukh, J. Date : July 21, 2025

P.C. :

1. This Court is informed that the matter has been settled between the parties. The consent terms are tendered, which are taken on record and marked “X” for identification.

2. The consent terms are signed by the authorised signatory of the Plaintiff and the Defendant, who are present in Court. The Board Resolutions are annexed to the consent terms. The authorised representative of the Plaintiff and the Defendant reiterate the terms of the consent terms. Their identities are verified by their respective Counsel and by their Aadhaar Cards, which are annexed to the consent terms.

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3. The statement made in the consent terms is accepted as undertaking given to this Court. The Defendant submit to a decree on admission in terms of prayer Clauses (a) and (b) of the plaint, which reads as under:

“(a) that the Defendant by itself, its directors, agents, servants, stockists, dealers, distributors, importers, exporters and all persons claiming through it be restrained by a permanent order and injunction of this Hon'ble Court from infringing the Plaintiff's registered trade mark OLOPAT bearing Registration No. 1370425 in Class 05 by the use of the impugned trade mark OLOPAT and/or any other trade mark containing the word "OLOPAT" or any other word deceptively similar thereto and/or any other trade mark identical with or deceptively similar to the Plaintiff's said registered trade mark "OLOPAT" in respect of the goods covered by the Plaintiff's aforesaid registration and/or similar goods or in any other manner whatsoever.

(b) that the Defendant by itself, its directors, agents, servants, stockists, dealers, distributors, importers, exporters and all persons claiming through it be restrained by a permanent order and injunction of this Hon'ble Court from manufacturing, marketing, selling, advertising, exporting, trading in and or otherwise dealing in medicinal and pharmaceutical preparations and/or similar goods under the impugned trade mark "OLOPAT" and/or any other trade mark containing the word "OLOPAT" or any other word deceptively similar thereto and/or any other trade mark identical with/ deceptively similar to the Plaintiff's said trade mark "OLOPAT" so as to pass off or enable others to pass off the Defendant's impugned goods as and for the Plaintiff's said well-known goods or in any other manner whatsoever”

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4. The suit is decreed on admission in terms of the consent terms

in terms of prayer clauses (a) and (b).

5. Refund of court fees as per Rules.

6. Decree be drawn up accordingly.

7. Interim Applications if any do not survive for consideration and same stands disposed of.

[Sharmila U. Deshmukh, J.]

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sa_mandawgad Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 22/07/2025 11:08:04