Bombay High Court
AJANTA PHARMA LIMITEDversusBREWSTER PHARMA PVT LTD
- Decided
- Disposal
- DISPOSED OFF
Holding
The court granted a temporary injunction restraining Defendant No.2 and its agents from using or dealing with the plaintiff’s trademarks pending final disposal of the suit.
Summary
Ajanta Pharma Ltd. filed a commercial IP suit against Brewster Pharma Pvt. Ltd. and another defendant alleging infringement of its registered trademarks METXL and related marks. The plaintiff sought a temporary injunction restraining the defendants from using the impugned mark "BMET XL 25" and any similar marks. Defendant No.2, after being served, replied by email that it had ceased manufacturing the disputed brand in 2024 and disposed of related packaging, but did not file a formal response to the leave petition. The court found the defendant's declaration uncontradicted and, relying on the plaintiff’s affidavit, granted the interim injunction as prayed for in clauses (a) and (b). The leave petition was also allowed, and the suit against Defendant No.1 was already settled by compromise. Consequently, the interim relief restrains Defendant No.2 and its associates from infringing the plaintiff’s trademarks pending final disposal of the suit.
Issues considered
- What is the appropriate interim relief in a trademark infringement suit when the defendant claims to have ceased manufacturing the impugned mark?
- Whether the court can grant a temporary injunction despite the defendant’s lack of a formal written response to the leave petition.
Subjects
- trademark infringement
- interim injunction
- commercial IP suit
- service of notice
- cease manufacturing
- pass‑off
Judgment
21-COMIP-398-2025.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL IP SUIT NO.398 OF 2025
WITH
INTERIM APPLICATION NO.2077 OF 2025
WITH
LEAVE PETITION NO.78 OF 2026
Ajanta Pharma Limited …Applicant/
Plaintiff
Versus
Brewster Pharma Pvt. Ltd. & Anr. …Respondents/
Defendants
Ms. Sumana Roychowdhury, for the Applicant.
CORAM: MADHAV J. JAMDAR, J.
DATED : 27th AUGUST 2026
P. C.:
LEAVE PETITION NO.78 OF 2026:
1. This Leave Petition has already been disposed of by order
dated 5th May 2026 passed by a learned Single Judge (Coram:
Gauri Godse, J.) only qua Defendant No.1.
2. Perused the plaint and the Leave Petition.
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21-COMIP-398-2025.DOC
3. Although the Defendant No.2 has been served, no reply has
been filed to the Leave Petition.
4. Accordingly, the contentions raised in the Leave Petition
have remained uncontroverted.
5. For the reasons set out in the Leave Petition, the same is
allowed in terms of prayer clause (a).
6. The Leave Petition is disposed of accordingly.
COMMERCIAL IP SUIT NO.398 OF 2025 WITH INTERIM
APPLICATION NO.2077 OF 2025:
7. As far as the Interim Application and the Suit are concerned,
the Suit is already disposed of as against Defendant No.1, as
compromise has been arrived at between the Plaintiff and the
Defendant No.1 and accordingly, the Suit is decreed in terms of
prayer clauses (a) and (b) against Defendant No.1 by consent by
order dated 5th May 2026 passed by a learned Single Judge.
8. As far as the Interim Application is concerned, learned
Counsel appearing for the Applicant/Plaintiff points out that the
affidavit of service wherein after receipt of the service, the
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21-COMIP-398-2025.DOC
Defendant No.2 by email communication addressed to the Plaintiff
as follows:
“Dear Concern
Regarding the brand BMET, please be informed
that we ceased all manufacturing under this
brand name in 2024 upon receipt of the case
Ajanta Pharma Limited v. Brewster Pharma Pvt
Ltd & Anr-METXL.
Additionally, all related packaging materials were
completelly disposed of and discarded from our
manufacturing facility at that time.
Thanks & Regards
Lifecare Neuro Products Pvt. Ltd”
9. Thus, as the Defendant No.2 has informed that the
Defendant No.2 has ceased all manufacturing under the impugned
brand name in 2024 and all related packaging materials were
completely disposed of and discarded from their manufacturing
facility and as none appears for the Respondent No.2, in spite of
notice, the Interim Application is allowed in terms of prayer
clauses (a) and (b), which read as under:
“(a) that pending the hearing and final disposal
of the suit, the Defendants by themselves, their
directors, servants, employees, agents, stockists,
importers, exporters, dealers, distributors and all
persons claiming through them be restrained by a
temporary order and injunction of this Hon'ble
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21-COMIP-398-2025.DOC
Court from infringing the Plaintiff's registered
trade marks METXL, METXL AM 25, METXL 100.
METXL ATF and METEXEL bearing Registration
Nos. 1189557, 1273989, 1275053, 1983800 and
1189556 all in Class 05, respectively, by the use
of the impugned trade mark "BMET XL 25"
and/or any other trade mark containing the trade
mark METXL and/or any other trade mark
identical with or deceptively similar to the
Plaintiff's said registered trade marks in respect of
the goods covered by the Plaintiff's aforesaid
registrations and/or similar goods or in any other
manner whatsoever;
(b) that pending the hearing and final disposal of
the suit, the Defendants by themselves, their
directors, servants, employees, agents, stockists,
importers, exporters, dealers, distributors and all
persons claiming through them be restrained by a
temporary order and injunction of this Hon'ble
Court from manufacturing and/or marketing
and/or selling and/or advertising and/ or trading
in and/or otherwise dealing in medicinal and
pharmaceutical preparations bearing the
impugned trade mark "BMET XL 25" and/or any
other trade mark containing the trade mark
METXL or any other trade mark deceptively
similar thereto and/or any other trade mark
identical with/deceptively similar to the Plaintiff's
said trade marks METXL, METXL AM 25, METXL
100, METXL TRIO, METXL H, METXL R, METXL
T, METXL AMT and METXL 3D or any of them, so
as to pass off or enable others to pass off the
Defendants' impugned goods as and for the
Plaintiff's said goods or in any other manner
whatsoever.”
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10. Accordingly, the Interim Application is disposed of.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2026.08.29
10:21:34
+0530
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