CIBA GEIGY LIMITED Vs. SUN PHARMACEUTICAL INDUSTRIES

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) On a consideration of the matter, we are persuaded to the view that the refusal of an interlocutory injunction by the High Court in this case does not call for interference.

(3.) But Shri K. Parasaran is right in pointing out that in either case whether the interlocutory injunction is granted or refused, it should not be unconditional and there should be on an undertaking by the party in whose favour the discretion is exercised for damages. This is the correct position. The Works of Lord Diplock in American Cyanamid v. Ethicon ltd. , 1975 (1) All E. R. 504. in this behalf are worth recalling: