ALKEM LABORATORIES LTD. Vs. DEEPAR PHARMACEUTICALS PVT. LTD.

JUDGEMENT

(1.) The Leave Petition filed under Clause XIV of the Letters Patent Act and the interim application seeking interim reliefs are listed for hearing today.Mr. Mahadgut, Ld. Advocate for the Plaintiff submits that the notice for today's hearing has been served upon the Defendant via speed post on 21/6/2023. Despite service, none appears for the Defendant today. My attention is also drawn to the Affidavit of Service dtd. 19/1/2022 of the office of Sheriff of Mumbai proving service of writ of summons. There is no Written Statement on record.

(2.) Considering the pleadings in the Plaint and the Leave Petition, it is sufficiently clear that in order to avoid multiplicity of proceedings, it would be in the interest of justice that the leave petition is granted. Accordingly, Leave Petition is allowed combining the cause of action of infringement with the action of passing-off.

(3.) This is a suit for infringement of trademark and for passing off. It is stated that the Plaintiff has adopted Trade Mark 'RAPEED' in the year 2002 and has been using the said mark since May, 2002. The products under the Trade Mark 'RAPEED' are sold in the form of tablets and are formulated for the treatment of acid related diseases of the stomach and intestine such acid reflux, peptic ulcer disease and some other stomach condition associated with excessive acid production.