IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SHRI JUSTICE GAJENDRA SINGH th ON THE 4 OF APRIL, 2024 MISC. PETITION No. 5001 of 2022 BETWEEN:-

CUREWIN PHARMACEUTICALS PVT. LTD. MR. VIRENDRA TARE DIRECTOR REGD OFFICE 15 INDUSTRIAL AREA VILALGE RAU DIST. INDORE (MADHYA PRADESH)

.....PETITIONER (SHRI VIVEK KHEDKAR (THROUGH VC) ALONGWITH SHRI KARPE PRAKHAR MOHAN – ADVOCATES FOR THE PETITIONER)

AND CUREWIN HYLICO PHARMA PVT. LTD. REGD OFFICE H.NO. 8-2-310/B/33 PLOT NO. 33 GROUND

1.

FLOOR H.NO. 266, ROAD NO. 14 BANJARA HILLS HYDERABAD (TELANGANA)

UNISAFE BIOSCINECE PVT. LTD. REGD OFFICE, 2. AMI BAZAAR BEHIND JYOTI SANDERBISCUIT GALI, AHMEDABAD (GUJARAT)

.....RESPONDENTS (SHRI PRAMOD C. NAIR – ADVOCATE FOR THE RESPONDENT NO.1)

MISC. PETITION No. 6127 of 2022 BETWEEN:-

CUREWIN HYLICO PHARMA PVT. LTD. THROUGH ITS DIRECTOR UTTAM KUMAR RAO S/O SHRI J. RAMA RAO 33, HOUSE NO. 266, GROUND FLOOR, ROAD NO. 14, BANJARA HILLS, HYDERABAD, (TELANGANA)

.....PETITIONER (BY SHRI PRAMOD C. NAIR - ADVOCATE)

AND CUREWIN PHARMACEUTICALS PVT. LTD. REGD.

1. OFFICE 15, INDUSTRIAL AREA, VILLAGE RAU, DISTRICT INDORE (MADHYA PRADESH)

UNISAFE BIOSCIENCE PVT. LTD. AMI BAZAAR

2. BEHIND JYOTI SANDERBISCUIT GALI AHMEDABAD (GUJARAT)

.....RESPONDENTS (SHRI VIVEK KHEDKAR (THROUGH VC) ALONGWITH SHRI KARPE PRAKHAR MOHAN – ADVOCATES FOR THE RESPONDENT NO.1)

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This petition coming on for admission this day, Justice Gajendra Singh passed the following:

O R D E R

Both the miscellaneous petitions arises out of the order dated

10.11.2021 passed in Commercial Suit No.16/21 by Commercial Court, Indore, therefore, they are finally heard and being decided by this common order.

01. Under Article 227 of the Constitution of India, M.P. No.5001/2022 has been preferred by the plaintiff & M.P.No.6127/2022 has been preferred by the defendant no.1.

02. The facts necessary for the disposal of these petitions are that the petitioner of M.P.No.5001/2022 filed a Commercial Suit No.16/21 before the Commercial Court, Indore, District – Indore on 04.03.2021 impleading the petitioner of M.P.No.6127/2022 as defendant no.1 and Unisafe Bioscience Pvt. Ltd. as defendant no.2 under Order 7 Rule 1 of the CPC, 1908 r/w Section 55 of the Copyright Act, 1957 seeking the following relief :-

(a) for perpetual injunction restraining the defendatns no.1 & 2, its agents, servants, dealers, representatives and all other persons on their behalf from infringing/offending or violating the plaintiff's Artistic work of ENERZY powder and from printing, publishing, reproducing or otherwise dealing in the said artistic work of ENERZY or any other identical and/or deceptively similar to the plaintiff's Artistic work of ENERZY Powder;

(b) for perpetual injunction restraining the defendants, its agents, servants, dealers, representatives and all other person on their behalf from developing, manufacturing and selling goods under the said impugned artistic work of ENERZY powder or any other Artistic work identical and/or deceptively similar to the plaintiff's aforesaid artistic work of ENERZY Powder amounting to infringement and passing off;

(c) for an order of appointment of a Court Receiver under Order XL Rule 1 of CPC, 1908 as Receiver of defendant's Goods, Brochures, Pamphlets, Samples, Advertising material bearing or containing the plaintiff's said Artistic work of ENERZY Powder;

(d) for an order of delivery of the products or printing or any other material of the defendants under the impugned artistic work of ENERZY Powder unto the Plaintiff for the purpose of destruction erasure including the stationery, blocks and die etc.

(e) for an order against the defendants to render the account of profits earned by them on account of the sales made by them by selling said products under the Artistic work ENERZY Powder and further order for payment of the said profit to the Plaintiff.

(f)