Delhi High Court orders 5 agencies to share info to find couple accused of making counterfeit medical products

The Delhi High Court recently ordered five agencies to file status reports regarding a couple who are accused of manufacturing and selling counterfeit medical products [Johnson & Johnson v Pritamdas Arora T/A M/S Medserve & Anr]. .The six agencies including Delhi Police, Bureau of Immigration, Unique Identification Authority of India (UIDAI), GST department and Income Tax department have been involved in the matter to trace the couple.The order was passed recently by Justice Prathiba M Singh in a trademark infringement suit filed by Johnson & Johnson in 2019 accusing the couple of selling counterfeit bleeding management devices under its trademark.“After perusing the record, though the plaintiff seeks a decree of permanent injunction, it is evident that the matter is of a serious nature, concerning the manufacturing and sale of counterfeit/expired medical products as new product,” Justice Singh said in her order dated November 22. .Johnson & Johnson first detected the counterfeit products in the United States and initiated proceedings there. It told the Court that the defendants’ activities pose a huge threat to human life. In 2019, an interim order restraining the defendants had been passed.The Court was also shown WhatsApp messages allegedly revealing that expired products were being repackaged and sold by the defendants. .The Court noted that the defendants Pritamdas Arora and his wife Ritika Arora, who were trading as Medserve, have been involved in sale of these products for the last several years.Considering that the couple remained unrepresented in the case since October 2021 and even bailable warrants were issued against them last year, the Court directed Delhi Police to file a fresh status report about their whereabouts.In addition, the Court sought details regarding the travel of the couple and asked the Centre to inform the Court about whether any fresh passport was issued to them.“Enquiries may also be made from the Unique Identification Authority of India (UIDAI) regarding the following Aadhaar numbers to determine whether any fresh mobile connections have been issued,” said the Court..The GST Department was directed to place on record any transaction details associated with a GST number linked to the couple. The IT department was ordered to provide details regarding the last filed returns under the couple’s two PAN numbers.The Court further directed the five agencies to file details regarding the couple before January 24 when the case will be heard next. Johnson & Johnson’s submission for final decree in the suit will be considered on the next date of hearing. Advocates Nancy Roy, Prakriti Varshney and Prashant represented the plaintiff Johnson & JohnsonAdvocate Anurag Ahluwalia represented the Union of India[Read Order]