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2022 Supreme(Del) 1732

NAVIN CHAWLA
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Dwd Pharmaceuticals Ltd. – Respondent


Advocates appeared:
Mr.Sachin Gupta, Ms. Swati Meena and Mr. Yashi Agrawal, Advocates, for the Plaintiff; Mr. Darpan Wadhwa, Sr. Adv. with Mr. Karan Bajaj, Mr. RupinBahl and Ms. Neelakshi, Advocates., for the Defendant

JUDGMENT

I.A.14992/2022

1. This application has been filed by the plaintiff praying that the additional documents filed by it on 09.09.2022 be taken on record.

2. The plaintiff asserts that the additional documents are being filed to show that the word 'ZEST' is common to trade and that the filing of these documents has been necessitated due to the stand taken by the defendant in its written statement.

3. For reasons stated in the application, and as the suit is at an initial stage, the application is allowed, and the additional documents are taken on record.

4. This order shall, however, not be read as accepting the admissibility or effect of these documents, and shall be without prejudice to the rights and contentions of the defendant. The defendant shall also be entitled to file further rebuttal documents thereto, within a period of four weeks from the date of this judgment.

I.A. 7825/2022 and I.A. 9523/2022

5. I.A. No. 7825 of 2022 has been filed by the plaintiff praying for the grant of an ad-interim injunction restraining the defendant from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparations under the mark 'FOLZEST'

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