Rekin Pharma Private Limited Vs Rexcin Pharmaceuticals Pvt. Ltd. and Anr. — Delhi HC (2025) — LawSathi Research

Rekin Pharma Private Limited Vs Rexcin Pharmaceuticals Pvt. Ltd. and Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the Plaintiff to withdraw the suit and to file the documents forming part of this suit in CS (COMM) 142/2023 within two (2) weeks; withdrawal clarified to be without prejudice to the defences raised by the Plaintiff in its written statement in CS (COMM) 142/2023.

Issue for consideration

Whether the Plaintiff's suit for defamation, founded on the Defendants' filing of an opposition before the Registrar of Trade Marks, discloses a cause of action maintainable by the Plaintiff. +1 more

Ratio / Principle

The suit is dismissed as withdrawn, with liberty reserved to the Plaintiff to file the documents forming part of this suit in CS (COMM) 142/2023 within two weeks.

Key takeaways

Withdrawal of the suit is without prejudice to the defences raised by the Plaintiff in its written statement in CS (COMM) 142/2023.ratio¶24
Pending applications are disposed of and future dates stand cancelled.ratio¶26

Detailed headnote1 paragraphs

Delhi High Court (single Judge, Manmeet Pritam Singh Arora, J.) — Rekin Pharma Private Limited v. Rexcin Pharmaceuticals Pvt Ltd and Anr., CS(COMM) 651/2023, order dated 10.09.2025. Defamation suit seeking a mandatory injunction and Rs. 10,00,000/- as damages, founded on the allegation that the Defendants filed a false and frivolous opposition before the Registrar of Trade Marks on 30/05/2022. The Defendant contended the Plaintiff had no cause of action since filing a trademark opposition was exercise of a legal right, and had filed an application under Order VII Rule 11(a) CPC. On instructions, learned counsel for the Plaintiff conceded and sought liberty to withdraw the suit; the Defendant sought liberty to place this suit's documents on record in CS (COMM) 142/2023, where its allegations were already answered by the Plaintiff's written-statement defences. Held: suit dismissed as withdrawn with liberty to file the suit documents in CS (COMM) 142/2023 within two weeks; withdrawal without prejudice to the defences raised in the written statement there; pending applications disposed of and future dates cancelled. No finding on merits or on the cause-of-action objection.

$~26

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CS(COMM) 651/2023

REKIN PHARMA PRIVATE LIMITED .....Plaintiff

Through: Mr. Manoj Kumar and Mr. Amit Kumar, Advs.

versus

REXCIN PHARMACEUTICALS PVT LTD AND ANR .....Defendants Through: Mr. Sachin Gupta, Adv. (through vc)

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 10.09.2025

This suit has been filed by the Plaintiff seeking a mandatory injunction and recovery of damages of Rs. 10,00,000/- on account of defamation.

The cause of action for this suit is set out at paragraph ‘13’, which reads as under:

“13. That the cause of action for filing the present suit arose on 30/05/2022 when the Defendants filed false and frivolous case/ opposition before registrar of trade marks . It again arose when due to false cases the reputation and goodwill of the Plaintiff is badly affected and plaintiff lost many clients as the status of plaintiff s trade Mark changed to opposed from registered, hence the cause of action for filing the present suit is still subsisting and continuing one.”

(Emphasis Supplied)

Learned counsel for the Defendant states that the Plaintiff has no cause of action to maintain this suit as the Plaintiff was exercising its legal right in filing opposition before the Registrar of Trademarks. He states that

CS(COMM) 651/2023 Page 1 of 2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 12:21:27

the Plaintiff has independent registrations for its trademark.

He states that an application under Order VII Rule 11(a) CPC has also been filed in this suit.

In response, learned counsel for the Plaintiffs states on instructions that the Plaintiff fairly concedes and seeks liberty to withdraw this suit.

He states that all defences against this Defendant’s allegations have already been raised in CS (COMM) 142/2023. He seeks liberty to place the documents filed herein on record in CS (COMM) 142/2023.

Learned counsel for the Plaintiff has no objection to the aforesaid submissions of the Defendant

The suit is accordingly dismissed as withdrawn with liberty reserved to the Plaintiff to file the documents forming part of this suit in CS (COMM) 142/2023 within two (2) weeks. It is further clarified that withdrawal of this suit is without prejudice to the defences raised by this Plaintiff in its written statement in CS (COMM) 142/2023.

Accordingly, the suit is dismissed.

Pending applications disposed of. Future dates stand cancelled.

MANMEET PRITAM SINGH ARORA, J

SEPTEMBER 10, 2025/ msh/aa

CS(COMM) 651/2023 Page 2 of 2

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 12:21:27