M/s Zentic Pharmaceutical filed a commercial suit CS(COMM) 1111/2025 before the Delhi High Court seeking permanent injunction under the Trade Marks Act, 1999, but subsequently moved an application under Order XXIII Rule 1(3)(b) CPC to withdraw the suit with liberty to institute fresh proceedings, stating that an earlier suit CS(COMM) 2865/2024 on the same cause was pending before the District Judge (Commercial Court), South East District, Saket Courts, making the High Court suit incompetent due to lack of pecuniary jurisdiction. The defendant did not oppose the withdrawal. The Delhi High Court allowed the application, permitted withdrawal of the suit without prejudice to rights, and granted liberty to file a fresh suit on the same cause of action.
- Where a commercial trademark infringement suit is filed in the High Court but an identical suit on the same cause is already pending in a competent Commercial Court below the pecuniary jurisdiction threshold, the plaintiff can withdraw the High Court suit under Order XXIII Rule 1(3)(b) CPC with liberty to pursue or file afresh, especially when withdrawal is unopposed (Order paras on application and consent).
Case Title: Zentic Pharmaceutical Vs. Apsara Herbals Order Date: November 27, 2025 Case Number: CS(COMM) 1111/2025, CRL.M.A. 35229/2025 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]
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