Allowed¶21

Hab Pharmaceutical and Research Limited v. Matish Healthcare Private Limited

Bombay HC10 Nov 2025IA/5873/2025

Case brief

AI extract

What is this about?

Trademark infringement; amendment of plaint; Order VI Rule 17 CPC; deceptively similar marks; TIGAMOL; EKTAMOL; TEKOMOL; SIGNATURE; execution of ad-interim order; Court Commissioner; Hab Pharmaceutical and Research Ltd v. Matish Healthcare Pvt Ltd; Bombay High Court Commercial Division; Commercial IP Suit No. 537 of 2025; 2025:BHC-OS:22195; ex parte hearing (defendant served, unrepresented); amendment within two weeks; ad-interim relief continued.

What did the court decide?

Permission to amend the plaint granted; amendment to be carried out within two weeks; application listed on 16th December, 2025; ad-interim relief granted earlier to continue till the next date. ¶21

Hab Pharmaceutical and Research Limited vs Matish Healthcare Private Limited — Bombay HC (2025) — LawSathi Research

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2025:BHC-OS:22195

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86 ia 5891-25.doc

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

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INTERIM APPLICATION NO. 5873 OF 2025 IN INTERIM APPLICATION NO. 5891 OF 2025 IN

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COMMERCIAL IP SUIT NO. 537 OF 2025

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Hab Pharmaceutical and Research Limited

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... Applicant/Plaintiff.

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Versus

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Matish Healthcare Private Limited ... Respondent/Defendant.

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Mr. Alankar Kirpekar a/w. Mr. Rajas Panandikar and Ayush Tiwari i/by Shekhar Bhagat and Neelaja Kirpekar for the Applicant/Plaintiff. Mr. Deepak S. Bhalerao, 2^nd Assistant to Court Receiver, present.

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Coram : Sharmila U. Deshmukh, J. Date : November 24, 2025

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P.C. :

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1. Interim Application No.5873 of 2025 has been preferred under

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Order VI Rule 17 of CPC for permission to amend the plaint, Interim Application and all other applications pending in the suit as per the schedule of draft amendments annexed at Exhibit “C” to the Interim Application.

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2. Learned counsel appearing for the Applicant submits that the Defendants have been duly served. He submits that by order of 23^rd July, 2024, ad-interim relief was granted in respect of infringing mark

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1 of 2

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sa_mandawgad

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86 ia 5891-25.doc

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which was identical to the Plaintiff’s registered marks “TEKOMOL” and “SIGNATURE”. He submits that during the execution of the ad-interim order, the Court Commissioner found additional marks i.e. “TIGAMOL” and “EKTAMOL”. He submits that as the additional marks were deceptively similar to the Plaintiff’s registered trade mark, the present application has been preferred for amendment of the plaint.

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3. Though served, none appears on behalf of the Defendants.

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4. The Plaintiff seeks to carry out the amendment for the purpose of seeking reliefs in respect of two additional marks “TIGAMOL” and “EKTAMOL” which were found during the execution of the ad-interim order dated 23^rd July, 2024. The amendments seek to place subsequent marks found during execution of ad-interim order and will not change the cause of action and the nature of the suit. Considering the nature of amendment, the same are allowed. Interim Application is allowed. Amendment to be carried out within a period of two weeks.

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5. List the Application on 16^th December, 2025 .

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6. Ad-interim relief granted earlier to continue till the next date.

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[Sharmila U. Deshmukh, J.]

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2 of 2

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sa_mandawgad Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 25/11/2025 18:55:07

Hab Pharmaceutical and Research Limited v. Matish Healthcare Private Limited

Case brief

What is this about?

What did the court decide?

Hab Pharmaceutical and Research Limited v. Matish Healthcare Private Limited

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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