Sun Pharmaceutical Medicare Ltd filed an execution petition to enforce a compromise decree dated 22.05.2023 against Tripada Healthcare Pvt. Ltd. & Anr., which restrained the judgment debtors from using the mark 'NAPDOM' similar to the decree holder's 'NAXDOM'; on 08.10.2025, the court granted an ex parte injunction extending to 'NAPNIDOM'/'NAPIDOM' based on the decree holder's claim that the debtors applied for its registration on 22.09.2020 without disclosure during the suit, creating an impression of overreach; the debtors filed an application under Order XXXIX Rule 4 CPC to modify this, arguing suppression by the decree holder who had opposed the 'NAPIDOM' registration on 12.10.2022 before the decree; the court reasoned that the decree holder's non-disclosure of its prior opposition misled the court into believing the debtors hid the application, rendering the initial submission inaccurate; consequently, the court modified the 08.10.2025 order and vacated the injunction in para 14 thereof, directed filing of reply within four weeks, listed for 14.01.2026, and expunged incorrect case law citations at the debtors' request.
- Suppression of material facts by a party, such as prior knowledge and opposition to a trademark application, can lead to modification or vacation of an ex parte injunction granted based on misleading submissions, emphasizing the duty of full disclosure in execution proceedings [Sun Pharmaceutical Medicare Ltd vs Tripada Healthcare Pvt. Ltd. & Anr., EX.P. 89/2025, decided on 10.12.2025 by Delhi High Court, paras 7-8].
Case Title: Sun Pharmaceutical Medicare Ltd Vs Tripada Healthcare Pvt. Ltd. & Anr., Order date: 10.12.2025, Case Number: EX.P. 89/2025, Neutral Citation: N/A, 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]
