JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present suit is one seeking permanent injunction restraining the Defendant from infringement of trademark, passing off, unfair competition, rendition of accounts of profits/damages, delivery up and other reliefs. The Plaintiff's case is that the defendant is infringing upon its registered trademark `LETROZ' by using the mark `LETERO' in respect of its medicinal and pharmaceutical preparations.

3. Before the matter could be heard on merits, a query was put to the ld. counsel for the Plaintiff as to how the present suit would be maintainable in as much as for this very trademark, an earlier suit being CS (Comm.) No. 300 of 2019 titled Sun Pharma Laboratories Ltd. v. Hetero Healthcare Ltd. & Anr., has already been filed by the Plaintiff against the same very Defendants before the ld. ADJ-02, North West District, Rohini Courts, New Delhi (hereinafter "Trial Court"), and the same is still pending.

4. Mr. Sachin Gupta, ld. counsel for the Plaintiff, submits that though the said suit being CS (Comm.) No. 300 of 2019 was filed in 2017, more than 5 years have passed and no orders have been pa