Sun Pharmaceutical Industries Ltd. Vs. Oziel Pharmaceuticals

Sun Pharmaceutical Industries Ltd. filed a suit for permanent injunction against Oziel Pharmaceuticals Pvt. Ltd. and its director alleging trademark infringement and passing off of its registered marks ‘PEPFIZ’ (registered since 1991) and ‘MINOZ’ (registered since 2003). The plaintiff moved an application for summary judgment under Order XIIIA CPC against Defendant No. 2 (director) on the basis of admissions in the written statement and defendant's non-appearance despite service. The Delhi High Court noted that Defendant No. 2 admitted the plaintiff's prior registrations and use, acknowledged the defendants' adoption of identical marks, and failed to contest the suit, held that no triable issues existed regarding infringement liability of the director jointly with the company, granted summary judgment decreeing the suit against Defendant No. 2 with permanent injunction, nominal damages of Rs. 2 lakhs, and costs.

• In trademark infringement suits, summary judgment under Order XIIIA CPC can be passed against a defendant (including director) based on clear admissions in the written statement regarding plaintiff's prior rights and defendant's use of identical marks, coupled with non-appearance, without requiring trial (Paras on application of Order XIIIA in IP suits).
• Directors can be held jointly liable for infringement committed by the company where admissions establish their involvement or control, and summary decree of injunction and damages can be passed against them (Paras on joint liability and summary procedure).

Case Title: Sun Pharmaceutical Industries Ltd. Vs. Oziel Pharmaceuticals P. Ltd. & Anr. Order Date: December 16, 2025 Case Number: CS(COMM) 1041/2024 & I.A. No. 45875/2024 Neutral Citation: Not available in document Name of Court: High Court of Delhi at New Delhi Name of Judge: Hon'ble Mr. Justice Tejas Karia

[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation] [Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]