JUDGMENT :

Prathiba M. Singh, J.

1. The present suit for permanent injunction was filed by the Plaintiff No.1 - Curewell Drugs and Pharmaceuticals Private Limited and Plaintiff No.2 - Horizon Bioceuticals Pvt. Ltd. seeking protection of the trademark and packaging in relation to their product ‘BEVITAL’ which is a multivitamin supplement. The Defendant - Ridley Life Science Private Limited had adopted an identical mark with identical packaging. This Court on 14th August, 2018 had granted an interim injunction. A Local Commissioner was also appointed to prepare an inventory of the infringing products. Defendant No.1 had initially entered appearance and on 20th November, 2018 had placed on record a new carton, which it intended to adopt. The carton was acceptable to the Plaintiffs and after taking the new carton and packaging on record, a decree of permanent injunction was passed in terms of paragraph 28 (i) to (v) of the plaint vide order dated 20th November 2018.

2. The sales of the Defendant no.1 were not on record and an affidavit was called from Defendant No.1 in respect of the following facts:-

“2. An affidavit shall be filed of the Managing Director of the Defendant No.1 placing on