Recently, the Bombay High Court vacated an ex-parte ad-interim injunction obtained by Elder Prrojects Limited (“Plaintiff”) against Elder Neutraciticals Private Limited (“Defendant”) and dismissed the Plaintiff’s application for temporary injunction, after finding gross suppression of material facts.
The Plaintiff claimed to have coined and used the ELDER device mark since 1992-93 for pharmaceutical products and obtained registration thereof in June 2024 in Class 5. The Plaintiff alleged that the Defendant adopted a deceptively similar mark and secured an ex-parte ad-interim injunction without notice to the Defendant in September 2025.
The Defendant sought vacation of the ex-parte order, contending that the Plaintiff had suppressed: (i) that Elder Pharmaceuticals Ltd. (“EPL”) was the first adopter, user and registered proprietor of the trademark ELDER since 1983; (ii) that the directors of the Plaintiff and Defendant are siblings and children of EPL’s late Managing Director; (iii) four adverse orders passed by the Delhi High Court against the Plaintiff in respect of the ELDER mark; and (iv) proceedings initiated by the Official Liquidator of EPL against the Plaintiff.
The Court held that the Plaintiff had grossly suppressed material facts while securing the ex-parte injunction. The Court noted that the Plaintiff had admitted before the Delhi High Court and the Official Liquidator that it was merely a contract manufacturer for EPL and did not claim any right in the trademark ELDER. The Court observed that the Plaintiff had taken contradictory stands in different proceedings to suit its convenience and strongly deprecated the Plaintiff’s conduct of approbation and reprobation. The Court further held that the Plaintiff itself was prima facie an infringer of EPL’s mark and could not be permitted to take legal action the Defendant. Accordingly, the ex-parte injunction was vacated, the temporary injunction application was dismissed, and costs of Rs. 1,00,000/- were imposed on the Plaintiff.
Elder Prrojects Limited v. Elder Neutraciticals Private Limited [Interim Application (L) No.35091 of 2025 in Commercial IP Suit (L) No.27106 of 2025]
Copy of the Judgment can be accessed at