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2022 DAILYLAW 4940 (MAD)

Cipla Limited v. Sun Pharmaceutical Industries Ltd.

OSA(CAD)/116/2022 · 2026-06-16

K Govindarajan Thilakavadi, P Velmurugan

Transfer Petitionbody2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OSA (CAD) Nos.116, 119 & 120 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.06.2026 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI OSA (CAD) Nos.116, 119 & 120 of 2022 and C.M.P.Nos.12785, 12822 & 12828 of 2022 Cipla Limited 106a, 106/108 Ground and First, Alapakkam Main Road, Alapakkam, Chennai – 600 116 Also at: Cipla House, Peninsula Business Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai 400 013. ... Appellant in all OSAs Vs. Sun Pharmaceutical Industries Ltd., Door No.8, Plot No.3, Old Tower Block Street, Nandanam, Chennai – 600 035. ... Respondent in all OSAs Prayer in all OSAs: These Original Side Appeals have been filed under Order XXXVI Rule 1 of Original Side Rules r/w Clause 15 of Madras High Court Letters Patent and Section 13(1-A) of the Commercial Courts Act, 2015, to set aside the common order dated 07th June, 2022 passed in O.A.Nos.281 to 283 of 2021 filed in C.S.(Comm Div) No.176 of 2021 on the file of this Court. 1 / 4 https://www.mhc.tn.gov.in/judis OSA (CAD) Nos.116, 119 & 120 of 2022 For Appellant : Mr.P.S.Raman, Senior Counsel for Mr.K.Premchandar – in all OSAs For Respondent : Mr.S.Diwakar in all OSAs ******* COMMON JUDGMENT (Judgment of the Court was made by P.VELMURUGAN, J.) The appellant herein filed civil suit in C.S.(Comm.Div.)No.176 of 2021 against the respondents before this Court for infringement of the appellant’s trademark. The appellant has filed O.A.Nos.281 to 283 of 2021 seeking interim injunction against the respondents restraining them from producing and selling the products imitating the applicant’s subject products. 2 The learned Single Judge, vide order dated 07.06.2022, refused to grant interim injunction as sought for by the appellant, against which, present appeals are preferred. 3 Today, when the matter is called for hearing, Mr.S.Diwakar, learned counsel for the respondent fairly given an undertaking to the effect that the respondent will not use the alleged lable/trademark, for which arguments were advanced by both the 2 / 4 https://www.mhc.tn.gov.in/judis OSA (CAD) Nos.116, 119 & 120 of 2022 parties in the above applications, till the disposal of the main suit. Mr.P.S.Raman, learned Senior Counsel for the appellant also accedes to dispose of the appeals based on the undertaking given by the learned counsel for the respondent. 4 In view of the above undertaking given by the learned counsel for the respondent, this Original Side Appeal stands disposed of with liberty to the parties to raise all their stand before the learned Single Judge in the main suit. Consequently connected miscellaneous petitions are also closed. No costs. [P.V. J.,] [K.G.T. J.,] 16.06.2026 cgi 3 / 4 https://www.mhc.tn.gov.in/judis OSA (CAD) Nos.116, 119 & 120 of 2022 P.VELMURUGAN. J. and K.GOVINDARAJAN THILAKAVADI, J. cgi OSA (CAD) Nos.116, 119 & 120 of 2022 and C.M.P.Nos.12785, 12822 & 12828 of 2022 16.06.2026 4 / 4 https://www.mhc.tn.gov.in/judis