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2025 Supreme(Online)(Del) 46757

IN THE HIGH COURT OF DELHI AT NEW DELHI
J.K. PROTOMAX PVT LTD & ANR. VS. SADA SIVA LIME CHEMICALS & ORS.
CS(COMM) 1404/2025



##PAGE1##

$~33

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(COMM) 1404/2025 & I.As. 32469-72/2025

ABBOTT PRODUCT OPERATIONS AG & ANR. .....Plaintiffs

Through: Mr. Anirudh Bakhru, Mr. Naqeeb

Nawab, Mr. Vibhav Singh, Mr.

Prakhar Singh and Ms. Nippun

Sharma, Advocates

versus

DR. REDDY S LABORATORIES LIMITED .....Defendant

Through: Mr. J. Sai Deepak, Sr. Advocate with

Mr. Ranjan Narula, Mr. Shakti Nair,

Mr. Parth Bajaj and Ms. Purnima,

Advocates along with Ms. Payal

Kalhan, AR

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2025

I.A. 32472/2025 (seeking exemption from filing clear and/or legible

documents)

1. This is an application under Section 151 of the Code of Civil

Procedure, 1908 (‘CPC’) on behalf of the plaintiffs seeking exemption from

filing clear and/or legible documents.

2. Subject to the plaintiffs filing clear copies of the documents within a

period of thirty (30) days from today, exemption is granted for the present

failing which the plaintiffs will not be entitled to rely upon the said

documents.

3. Accordingly, the application is disposed of.

CS(COMM) 1404/2025 Page 1 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:24:26

##PAGE2##

I.A. 32471/2025(seeking leave to file additional documents)

4. This is an application under Order XI Rule 1(4) of the [as amended by

the Commercial Courts Act, 2015] read with Section 151 CPC, seeking

leave to file additional documents within thirty (30) days.

5. The Plaintiffs, if they wish to file additional documents will file the

same within thirty (30) days from today, and they shall do so strictly as per

the provisions of the Commercial Courts Act and the Delhi High Court

(Original Side) Rules, 2018 (‘DHC Rules’).

6. For the reasons stated in the application, the same is allowed.

7. Accordingly, the application is disposed of.

I.A. 32470/2025 (seeking exemption from pre-institution mediation)

8. This is an application filed under Section 12A of the Commercial

Courts Act, 2015 read with Section 151 CPC seeking exemption from

instituting pre-litigation mediation.

9. Having regard to the facts that the present suit contemplates urgent

interim relief and in light of the judgement of the Supreme Court in Yamini

Manohar v. T.K.D. Keerthi, (2024) 5 SCC 815, exemption from the requirement of pre-

institution mediation is granted to the plaintiffs.

10. Accordingly, the application stands disposed of.

CS(COMM) 1404/2025 and I.A. 32469/2025

11. The present suit has been filed seeking permanent injunction

restraining infringement of trademark, passing off and other ancillary reliefs

against the Defendant.

12. Plaintiffs are part of Abbott Laboratories, engaged in the business of

CS(COMM) 1404/2025 Page 2 of 5

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 19/01/2026 at 22:24:26

##PAGE3##

pharmaceuticals and healthcare products. Plaintiffs adopted and coined the

trade mark VERTIN in the year 1976. The details of the trademark

registration is mentioned at paragraph ‘31’ of the plaint.

13. Defendant is engaged in the business of manufacturing and marketing

of identical goods being pharmaceutical preparations containing Betahistine

(Betahistine Dihydrochloride) used for treatment purposes under the mark

BETVERTIN.

14. Mr. Shakti Nair, Advocate enters appearance on behalf of the

defendant on advance service. He states that his Vakalatnama is already on

record.

15. Mr. J. Sai Deepak, learned senior counsel appearing on behalf of the

defendant states on instructions that as stated in the Defendant’s reply dated

02.12.2025 to Plaintiffs’ legal notice dated 18.11.2025, the Defendant is

willing to discontinue and withdraw the use of the impugned mark

‘BETVERTIN/ ’.

16. He states that inventory of existing stock with the Defen

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