1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO.687 OF 2005. Indchemie Health Specialities Pvt. Ltd. ..Plaintiffs. vs. Sun Pharmaceutical Industries Ltd. ..Defendants. .... Mr. Raj Rao. i/b. Mahesh Mahadqut, for Plaintiffs. Mr. Sanjay Udeshi, i/b. Sanjay Udeshi & Co., for Defendants. .... CORAM : S.J.KATHAWALLA, J. DATE : 9TH JULY 2009. P.C. The plaintiffs have filed the present suit against the defendants for permanent order of injunction restraining the defendants from introducing its medicinal and/or pharmaceutical preparations under the mark TOPQUIN for or any other mark being identical with and/or deceptively similar to that of plaintiffs mark as TOPQUIN and also for restraining the defendants from manufacturing, selling, advertising, marketing, exporting and/or in any manner using in relation to any medicinal and/or pharmaceutical 2 preparations the impugned trade mark TOPQUIN and/or any other mark which is identical and/or deceptively similar in any manner whatsoever to that of the plaintiffs’ trade mark TOPQUIN, so as to pass off or enable others to pass of the defendants goods as and for the goods of the plaintiffs. 2. The parties have today tendered the consent terms dated 9 th July 2009 which are signed by the Director of the plaintiff Company and the Deputy General Manager- Legal of the defendant Company. The same are also signed by the Advocates for the plaintiff and the defendant respectively. The consent terms are taken on record and marked – X for identification. A copy of the undertaking dated 6 th April 2009 executed by the Deputy General Manager- Legal of the defendant Company addressed to the plaintiff Company has also been annexed as Exhibit-A to the consent terms. Under the said undertaking, the defendants have admitted that the plaintiffs are the registered proprietors of trade mark TOPQUIN in respect of medicinal and/or pharmaceutical preparations and substances. The 3 defendants have also confirmed in the said undertaking that they have withdrawn trade mark application bearing no.641570 dated 30 th September 1994 in Class-5 filed before the Registrar of Trade Marks, Mumbai. The defendants have further undertaken that they will not manufacture, market, sell, distribute, export and /or otherwise offer for sale in future their own medicinal and or pharmaceutical preparations bearing the mark TOPQUIN or any other deceptively similar mark which shall constitute violation of the plaintiffs’ registered trade mark TOPQUIN. 3. The plaintiffs have also agreed that they shall not claim or demand any damages or costs against the defendants. 4. In view thereof, the suit is decreed in terms of consent terms marked ‘X’ with no order as to costs. Refund of Court fees as per rules. Certified copy of the order is expedited. 5. The suit is accordingly disposed of. [ S.J.KATHAWALLA, J. ]