21-COMIP-398-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL IP SUIT NO.398 OF 2025 WITH INTERIM APPLICATION NO.2077 OF 2025 WITH LEAVE PETITION NO.78 OF 2026 Ajanta Pharma Limited …Applicant/ Plaintiff Versus Brewster Pharma Pvt. Ltd. & Anr. …Respondents/ Defendants Ms. Sumana Roychowdhury, for the Applicant. CORAM: MADHAV J. JAMDAR, J. DATED : 27th AUGUST 2026 P. C.: LEAVE PETITION NO.78 OF 2026: 1. This Leave Petition has already been disposed of by order dated 5th May 2026 passed by a learned Single Judge (Coram: Gauri Godse, J.) only qua Defendant No.1. 2. Perused the plaint and the Leave Petition. Page 1 Sonali 21-COMIP-398-2025.DOC 3. Although the Defendant No.2 has been served, no reply has been filed to the Leave Petition. 4. Accordingly, the contentions raised in the Leave Petition have remained uncontroverted. 5. For the reasons set out in the Leave Petition, the same is allowed in terms of prayer clause (a). 6. The Leave Petition is disposed of accordingly. COMMERCIAL IP SUIT NO.398 OF 2025 WITH INTERIM APPLICATION NO.2077 OF 2025: 7. As far as the Interim Application and the Suit are concerned, the Suit is already disposed of as against Defendant No.1, as compromise has been arrived at between the Plaintiff and the Defendant No.1 and accordingly, the Suit is decreed in terms of prayer clauses (a) and (b) against Defendant No.1 by consent by order dated 5th May 2026 passed by a learned Single Judge. 8. As far as the Interim Application is concerned, learned Counsel appearing for the Applicant/Plaintiff points out that the affidavit of service wherein after receipt of the service, the Page 2 Sonali 21-COMIP-398-2025.DOC Defendant No.2 by email communication addressed to the Plaintiff as follows: “Dear Concern Regarding the brand BMET, please be informed that we ceased all manufacturing under this brand name in 2024 upon receipt of the case Ajanta Pharma Limited v. Brewster Pharma Pvt Ltd & Anr-METXL. Additionally, all related packaging materials were completelly disposed of and discarded from our manufacturing facility at that time. Thanks & Regards Lifecare Neuro Products Pvt. Ltd” 9. Thus, as the Defendant No.2 has informed that the Defendant No.2 has ceased all manufacturing under the impugned brand name in 2024 and all related packaging materials were completely disposed of and discarded from their manufacturing facility and as none appears for the Respondent No.2, in spite of notice, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read as under: “(a) that pending the hearing and final disposal of the suit, the Defendants by themselves, their directors, servants, employees, agents, stockists, importers, exporters, dealers, distributors and all persons claiming through them be restrained by a temporary order and injunction of this Hon'ble Page 3 Sonali 21-COMIP-398-2025.DOC Court from infringing the Plaintiff's registered trade marks METXL, METXL AM 25, METXL 100. METXL ATF and METEXEL bearing Registration Nos. METXL ATF and METEXEL bearing Registration Nos. 1189557, 1273989, 1275053, 1983800 and 1189556 all in Class 05, respectively, by the use of the impugned trade mark "BMET XL 25" and/or any other trade mark containing the trade mark METXL and/or any other trade mark identical with or deceptively similar to the Plaintiff's said registered trade marks in respect of the goods covered by the Plaintiff's aforesaid registrations and/or similar goods or in any other manner whatsoever; (b) that pending the hearing and final disposal of the suit, the Defendants by themselves, their directors, servants, employees, agents, stockists, importers, exporters, dealers, distributors and all persons claiming through them be restrained by a temporary order and injunction of this Hon'ble Court from manufacturing and/or marketing and/or selling and/or advertising and/ or trading in and/or otherwise dealing in medicinal and pharmaceutical preparations bearing the impugned trade mark "BMET XL 25" and/or any other trade mark containing the trade mark METXL or any other trade mark deceptively similar thereto and/or any other trade mark identical with/deceptively similar to the Plaintiff's said trade marks METXL, METXL AM 25, METXL 100, METXL TRIO, METXL H, METXL R, METXL T, METXL AMT and METXL 3D or any of them, so as to pass off or enable others to pass off the Defendants' impugned goods as and for the Plaintiff's said goods or in any other manner whatsoever.” Page 4 Sonali 21-COMIP-398-2025.DOC 10. Accordingly, the Interim Application is disposed of. [MADHAV J. JAMDAR, J.] Page 5 Sonali SONALI MILIND PATIL Digitally signed by SONALI MILIND PATIL Date: 2026.08.29 10:21:34 +0530