CS(COMM) 336/2019 Page 1 of 21

2. Case of the plaintiff in the suit is that the plaintiff is dealing in the medicinal and pharmaceutical product under the mark AMADAY which is used for treatment of high blood pressure, heart disease and the defendant is selling its drug under the name ANADAY which is deceptively similar to the plaintiff's well-known registered trademark and amounts to infringement of the plaintiff's rights in its trademark; even though the drug produced and sold by the defendant under the trademark ANADAY is used for treatment of breast cancer.

3. As per the plaintiff, plaintiff first obtained the title in the trademark AMADAY by its first application bearing No. 747783 on 10th July, 1997 and thereafter started using the said trademark AMADAY from 2001. On 4th February, 2008 defendant filed its application bearing No. 1649587 for the impugned mark ANADAY which was duly opposed by the plaintiff and the defendant did not pursue the said application and vide order dated 15 th March, 2016 of the Trade Mark Registry, the same was declared abandoned. On 8th October, 2016 defendant filed another trademark application for registration of the trademark ANADAY vide application No. 3384539 in Class 5 which is currently pending. In the third week of June, 2019 the representative of the plaintiff came across defendant's medicinal preparation AMADAY at Delhi, and hence the suit.

1. The present petition under Article 226 of the Constitution of India has been listed before this Bench by the Registry in view of the urgency expressed therein.

2. The writ petition has been heard by way of video conferencing.

3. Present public interest litigation has been filed seeking immediate relief for the Rohingya families living in three different settlements in Delhi (i.e. Khajuri Khas, Shram Vihar and Madanpur Khadar) on the ground that they have been denied relief under the various relief packages announced by the Government of Delhi to combat the COVID-19 pandemic.

W.P.(C) 3063/2020 Page 1 of 3

4. Learned counsel for petitioner states that despite order dated 11th May, 2018 passed by the Supreme Court in W.P.(C) 859/2013, the respondent has failed to provide basic amenities such as safe drinking water, sanitation, medical aid and education for their children. The relevant portion of the order dated 11th May, 2018 passed in W.P.(C) 859/2013 is reproduced hereinbelow:-

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