LAWS(BOM)-2015-7-195

AJANTA PHARMA LIMITED Vs. VARDHAMAN LIFECARE PRIVATE LIMITED

Decided On July 09, 2015
Ajanta Pharma Limited Appellant
V/S
Vardhaman Lifecare Private Limited Respondents

JUDGEMENT

(1.) THE Plaintiff is a company incorporated under the Companies Act, 1956. The Plaintiff carries on an old, established and reputed business, inter -alia as manufacturer of, trader in and exporter of pharmaceutical and medicinal preparations.

(2.) THE Defendant is a company incorporated under the Companies Act, 1956 and has its offices at the addresses mentioned in the cause title. The Defendant carries on business as manufacturer, supplier and exporter of medicinal and pharmaceutical preparations.

(3.) SINCE the Defendant has its registered office in Mumbai from where it is carrying on business of manufacturing and/or selling and/or exporting the impugned goods bearing the impugned trade mark AMAGRA, this Court has jurisdiction to try and entertain the present suit for both the causes of action viz. infringement of trade mark and for passing off.