MANKIND PHARMA LIMITED Vs. SUN PHARMA LABORATORIES LIMITED

JUDGEMENT

(1.) The original plaintiff/respondent, pharmaceutical company has sued the first defendant/appellant, as also the second respondent/ C & F agent as the second defendant on account of the use of identical trademark by the appellant in respect of identical products. The trademark of the first respondent/original plaintiff is ''ADMENTA'' and the appellant is using ''ADMENSIA''.

(2.) The original plaintiff has filed an interlocutory application for injunction and interim orders were granted in favour of the original plaintiff. The appellant, as defendant, moved for vacating the stay and also raised objection about the territorial jurisdiction of the Court.

(3.) The impugned order has dealt with the issue of territorial jurisdiction and opined in favour of the original plaintiff.