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2022 Supreme(Del) 1145

JYOTI SINGH
Sun Pharmaceutical Industries Limited – Appellant
Versus
Kinetic Lifescience (opc) P. Limited – Respondent


Advocates appeared:
Mr. Sachin Gupta, Mr. Pratyush Rao, Ms. Jasleen Kaur, Mr. Snehal Singh and Ms. Swati Meena, Advocates, for the Appellant.

JUDGMENT

1. This is a suit for permanent injunction, damages and delivery up of the infringing material, filed by the Plaintiffs. Plaintiff No. 1 is a company incorporated under the Companies Act, 2013 and Plaintiff No.2 company is a wholly owned subsidiary of Plaintiff No.1.

2. It is averred in the plaint that Plaintiff No.1 started the business of marketing pharma products as a proprietary firm in the year 1978. In 1982, a partnership firm under the name and style of M/s. Sun Pharmaceutical Industries was formed to manufacture, deal and trade into pharmaceutical goods, preparations and allied goods & services. On 01.03.1993, the partnership firm was converted into a Joint Stock Company and incorporated under the Companies Act, 1956.

3. It is averred that the Plaintiffs are amongst the largest and highly reputed pharmaceutical companies in India, which manufacture and market drugs and formulations thereof in India and supply them to more than 150 countries across the world under their extensive range of well-known and distinctive trademarks/brand names. Plaintiffs are involved in

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