JUDGMENT

Manmohan, J.

Caveat No.441/2022

Since appearance has been entered on behalf of the respondents, present caveat stands discharged.

C.M.Nos.53627-53628/2022

Exemption allowed, subject to all just exceptions.

Accordingly, the applications stand disposed of.

FAO(OS)(COMM) No.322/2022 & C.M.No.53629/2022

1. Present appeal has been filed challenging the order dated 22nd November, 2022 passed by the learned Single Judge of this court in CS(COMM) 688/2022 whereby Appellant-Plaintiff's application under Order XXXIX Rules 1 & 2, CPC was dismissed on the ground that the two marks in question are not phonetically or visually similar.

2. Learned counsel for the Appellant-Plaintiff states that the Appellant-Plaintiff and the Respondents-Defendants launched their medicines around the same time i.e. June-July, 2022 after expiry of the patent protection granted to the anti-diabetic drug `Sitagliptin'. He states that the Appellant-Plaintiff's trademark "SITARED" and the Respondents-Defendants' mark "SITARA" are derived from the salt `Sitagliptin' and the registration applications of the marks of both the parties are currently pending registration. He further states that the Respondents-Defendant