SUN PHARMACEUTICAL LABORATORIES LTD. Vs. HETERO HEALTHCARE LTD.

JUDGEMENT

(1.) The appellant, Sun Pharmaceutical Laboratories Ltd. (hereinafter referred to as "SUN"), has filed the present appeal impugning an order dtd. 29/4/2022 (hereinafter referred to as the "impugned order") passed by the learned Commercial Court.

(2.) The learned Commercial Court, by way of the impugned order, dismissed SUN"s application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the CPC") in the suit bearing no. CS DJ (Comm.) No.300/19.

(3.) SUN had filed the suit, inter alia, alleging infringement of its trademark "LETROZ" and passing off and seeking a decree of permanent injunction restraining the respondent (defendant) from using the trademark "LETERO", in respect of the pharmaceutical product in question.