CADILA PHARMACEUTICALS LTD. Vs. SAMI KHATIB AND ANR.

JUDGEMENT

(1.) This petition is directed against order dated 08.04.2011 of the Division Bench of the Bombay High Court whereby the appeal preferred by the petitioner against the injunction granted by the learned Single Judge restraining the petitioner from manufacturing, marketing, selling and/or exporting medicinal or pharmaceutical preparations or any other goods under the impugned trade mark "Hb TONE"/"HB TONE" or any other mark identical with and/or deceptively similar to the plaintiffs' trademarks "ARBITONE", "RB TONE" and/or "HB RON" was dismissed.

(2.) We have heard Shri Altaf Ahmed, learned senior counsel appearing for the petitioner and Shri L.N. Rao, learned senior counsel appearing for the respondents at some length and carefully perused the record. In our view, both the learned Single Judge and the Division Bench have, after threadbare consideration of the pleadings and documents produced by the parties, recorded concurrent conclusions that the plaintiff-respondents have been able to make out a case for grant of injunction; that the balance of convenience is in their favour and that they will suffer irreparable injury if the injunction prayed for is not granted.

(3.) The discretion exercised by the learned Single Judge and the Division Bench does not suffer from any perversity. Therefore, we do not find any valid ground or justification to interfere with the impugned order by exercising power under Art. 136 of the Constitution. In this connection, reference can usefully be made to the judgments of this Court in N.R. Dongre & Ors. Vs. Whirlpool Corporation & Anr., (1996) 5 SCC 714 and Skyline Education Institute (India) (P) Ltd. Vs. S.L. Vaswani & Anr., (2010) 2 SCC 142 : 2010(1) R.A.J. 439 .