Calcutta High Court
New Life Laboratories Private Limited vs Apriway Healthcare Private Limited on 11 July, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
OCD-1
ORDER SHEET
TEMPAPO-IPD/4/2025
WITH
IP-COM/22/2024
IA NO: GA-COM/1/2025
IN THE HIGH COURT AT CALCUTTA
Commercial Appellate Division
ORIGINAL SIDE
NEW LIFE LABORATORIES PRIVATE LIMITED
VS
APRIWAY HEALTHCARE PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ARIJIT BANERJEE
AND
The Hon'ble JUSTICE RAI CHATTOPADHYAY
Date : 11th July, 2025.
Appearance:
Mr. Rudraman Bhattacharya, Sr. Adv.
Mr. Siddhartha Das, Adv.
Mr. Akash Munshi, Adv.
Mr. Harsh Tiwary, Adv.
Mr. Souvik Kundu, Adv.
Mr. Abir Debnath, Adv.
Mr. Siddharth Banerjee, Adv.
..for the appellant/petitioner
Mr. Sayan Roychowdhury, Adv.
Mr. Tanmoy Roy, Adv.
Mr.Bhavesh Garodia, Adv.
..for the respondent
Dictated by Arijit Banerjee, J.
The Court: This appeal is directed against a judgment and order
dated April 29, 2025, whereby the appellant’s interlocutory application for
injunction has been dismissed by a learned Judge of this Court.
We need to hear out the appeal.
Mr. Bhattacharyya, learned Senior Counsel representing the
appellant, tells us that all papers that were there before the learned Single
Judge have been annexed to the stay petition. We shall treat the stay
petition as informal paper-book.
2
All the formalities are dispensed with.
Since the respondent/defendant is represented through Counsel,
notice of appeal is deemed to be waived.
List the matter on August 11, 2025 as agreed upon by and between
learned Counsel for the parties, marked 3.30pm.
Mr. Bhattacharyya, learned Senior Counsel, says that after the
order of the learned Single Judge was passed, the respondent/defendant
has changed its name to Apriway from Dr. Ilyas New Life Homeo and
Herbals Pvt. Ltd. However it continues to market its products under the old
name which is in violation of the provisions of the Drugs and Cosmetics Act,
1940. He prays for an order of injunction restraining the respondent from
manufacturing the concerned medicine in the name of Dr. Ilyas New Life
Homeo and Herbals Pvt. Ltd.
Learned Counsel for the respondent strongly disputes the
submission made on behalf of the appellant as also the authenticity of the
Xerox copy of the defendant’s packaging that has been filed in Court today.
Without fully applying our mind, we are not inclined to pass any
order. However, it will be open to all concerned to draw any irregular or
illegal act that the defendant may be committing in violation of any statutory
provision, to the attention of the relevant competent authority.
(ARIJIT BANERJEE, J.)
(RAI CHATTOPADHYAY, J.)
sg.