UNITED BIOTECH P LTD Vs. SCHON PHARMACEUTICALS LTD

JUDGEMENT

(1.) The plaintiff filed the aforesaid suit for permanent injunction, passing off, rendition of accounts of profits/damages and delivery up etc. against the defendant.

(2.) The brief factual matrix of the case is that the plaintiff is a company incorporated under the Companies Act, 1956 having its registered office at United House, E-142, Saket, New Delhi-17. Mr. Sanjiv Kumar is the authorized signatory of the plaintiff company who is duly authorized to file the present suit. The power of attorney in his favour is filed on record and exhibited as Ex-PW1/1.

(3.) The plaintiff claims to be one of the fastest growing and reputed pharmaceutical company in India engaged in the manufacturing and marketing drugs and formulations since the year 1997. The plaintiff Company avers that it has dedicated specialty therapy in areas like oncology medicinal preparation for the treatment of cancer. The plaintiff submits that it has recently invested Rs. 15 crores on its oncology division and has tied up with Blausiegel, a Brazilian company, for its entire range of biotechnology products for cancer treatment with the vision to make and sell medicines cheaper than the drugs sold by international pharma companies. The plaintiff's manufacturing facility is located at Himachal Pradesh and is approved by WHO-cGMP and has also compliant of USFDA, UKMHRA, TGA-Australia guidelines.