Alkem Laboratories Ltd. vs Iheal Pharmaceutical — Bombay HC (2025) — LawSathi Research

Alkem Laboratories Ltd. vs Iheal Pharmaceutical — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave granted under Clause XIV of the Letters Patent to combine the causes of action for passing off and for infringement of Trade Mark in the proposed suit (Leave Petition allowed in terms of prayer clause (a)); reply and rejoinder affidavits permitted to be filed in the Registry; Interim Application listed for hearing on 12th November 2025.

Issue for consideration

Whether leave should be granted under Clause XIV of the Letters Patent to combine the cause of action for passing off with the cause of action for infringement of Trade Mark in the proposed suit (Leave Petition (L) No. 10593 of 2025). +1 more

Court's answer

The Leave Petition (L) No. 10593 of 2025 is allowed in terms of prayer clause (a): leave is granted under Clause XIV of the Letters Patent to combine the causes of action for passing off and for infringement of Trade Mark in the proposed suit; the Defendant did not oppose.

Ratio / Principle

Despite the earlier delay, the parties are directed to file the affidavit in reply and the affidavit in rejoinder in the Registry of this Court, and the Registry is directed to accept the same.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Arif S. Doctor, J.), order dated 8th October 2025, in Interim Application No. 5395 of 2025 in Commercial IP Suit No. 356 of 2025 (Alkem Laboratories Ltd v. Iheal Pharmaceutical(s)), with Leave Petition (L) No. 10593 of 2025. The Court allowed the Plaintiff's Leave Petition under Clause XIV of the Letters Patent in terms of prayer clause (a), permitting the cause of action for passing off to be combined with the cause of action for infringement of Trade Mark in the proposed suit; counsel for the Defendant did not oppose. On the procedural side, although there had been delay in filing the affidavit in reply (and consequently the rejoinder had not been filed), the Court recorded that both affidavits were ready and directed the parties to file them in the Registry, with the Registry directed to accept the same. The Interim Application was listed for hearing on 12th November 2025.

KAWRE KIRAN KALYAN Digitally signed byKAWRE KIRANKALYAN Date: 2025.10.1018:34:52 +0530

28-IA-5395-2025 (OS).DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

INTERIM APPLICATION NO. 5395 OF 2025

IN

COMMERCIAL IP SUIT NO. 356 OF 2025

Alkem Laboratories Ltd ...Applicant/Plaintiff Versus

Iheal Pharmaceutical ...Defendant

WITH

COMMERCIAL IP SUIT NO. 356 OF 2025

IN

COMMERCIAL MISCELLANEOUS PETITION NO. 35 OF 2022

Alkem Laboratories Ltd ...Applicant/Plaintiff

Versus

Iheal Pharmaceuticals ...Defendant

WITH

LEAVE PETITION (L) NO. 10593 OF 2025

Mr. Mahesh Mahadgut a/w Mr. Kaivalya Shetye, Ms. Kalyani Paunikar, for the Applicant/Plaintiff.

Mr. Rahul Punjabi a/w Ishan Shroff, for the Defendant.

CORAM : ARIF S. DOCTOR, J. DATE : 8th OCTOBER 2025

P.C.

Learned counsel today submits that there was some delay in filing the

affidavit in reply. Consequently, the affidavit in rejoinder also not been filed.

Kiran Kawre

28-IA-5395-2025 (OS).DOC

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Court is informed that both reply and rejoinder are ready. The parties are

directed to file the same in the Registry of this Court. Registry to accept the same.

Learned counsel points out that the applicants Leave Petition which is filed

for Leave under Clause XIV of the Letters Patent seeking to combine the cause of

action for passing off with a cause of action for infringement is pending. He

submits that the Leave Petition be allowed. Learned counsel for the Defendant

vary fairly does not oppose to the same.

Hence, Leave Petition is allowed in terms of payer clause (a) which reads

thus:

“a) That leave be granted by this Hon’ble Court to the Petitioner under Clause XIV of the Letters Patent to combine the Causes of Action for passing off with the Cause of Action for infringement of Trade Mark in the proposed suit;”

List the Interim Application on 12th November 2025 .

(ARIF S. DOCTOR, J.)

Kiran Kawre