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2025 DAILYLAW 49353 (KAR)

NECTAR BIOPHARMA PVT LTD v. MECLON PHARMACEUTICALS PVT LTD

WP/14244/2025 · 2025-09-16

Ravi V Hosmani

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:37300 WP No. 14244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 14244 OF 2025 (IPR) BETWEEN: NECTAR BIOPHARMA PVT LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.101, 1ST FLOOR, UDYOG BHAVAN SONAWALA LANE, GOREGAON LANE, MUMBAI, MAHARASHTRA - 400063. AND ITS MARKETING OFFICE AT SCO 6-7-8, SECTOR 9-D, CHANDIGARH, INDIA - 160 009. THROUGH ITS AUTHORISED SIGNATORY EMAIL: legal@nureca.com …PETITIONER [BY SRI ARJUN SANTHOSH, ADVOCATE (VC)] AND: MECLON PHARMACEUTICALS PVT LTD., HAVING ITS REGISTERED OFFICE AT HOUSE NO.356 & 395, 11TH BLOCK, WARD NO.73, KOTTIGEPALAYA, NAGARBHAVI 2ND STAGE, BANGALORE KARNATAKA - 560 072. EMAIL: info@meclonpharmaceuticals.com shylajassk@gmail.com. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 03.05.2025 (ANNEXURE-A) RESTRAIN THE Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37300 WP No. 14244 of 2025 RESPONDENT AND ALL PERSONS CLAIMING THROUGH OR UNDER ITS OR ACTING ON HIS BEHALF OR UNDER HIS INSTRUCTION, IN ANY MANNER, FROM USING THE MARK MECLOZYME AND/OR ANY OTHER MARK IDENTICAL WITH OR SIMILAR TO PETITIONERS NECLOZYME, FOR MANUFACTURING, SELLING, ADVERTISING AND MARKETING OF DIGESTIVE ENZYME SYRUP OR ANY OTHER PRODUCT, TILL DISPOSAL OF I.A. NO.2 IN COM.O.S. 663/2025. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER This writ petition is filed challenging order dated 03.05.2025 passed by Commercial Court, Bengaluru, in Com.OS no.663/2025 on IAs no.1 and 2 refusing to grant ad- interim order of injunction. 2. Sri Arjun Santhosh, learned counsel for petitioner appearing through video conference submitted that subsequent to filing of writ petition, respondents have entered appearance and now applications are listed for consideration. Therefore, noting said development, writ petition be disposed of directing trial Court for expedite consideration of said applications. 3. Heard learned counsel. - 3 - HC-KAR NC: 2025:KHC:37300 WP No. 14244 of 2025 4. Though petitioner has filed this writ petition challenging refusal of trial Court to grant ex-parte ad-interim order, it is submitted that applications are now ripe for consideration and trial Court is in midst of consideration of said applications. If it is so, it would only be appropriate to dispose of writ petition by relegating petitioner to pursue applications before trial Court itself, with observation that trial Court would be required to expedite consideration of applications. With above observations/directions, writ petition is disposed of. Sd/- (RAVI V HOSMANI) JUDGE AV List No.: 1 Sl No.: 21