EXPHAR SA Vs. EUPHARMA LABORATORIES LTD

JUDGEMENT

(1.) THE plaintiffs have filed the present suit for permanent injunction restraining infringement of copyright, passing off, rendition of accounts of profits and delivery up etc.

(2.) THE defendant in this suit has been proceeded ex -parte vide order dated 30.03.2009 and has failed to cross examine the witnesses of the plaintiffs. Infact, the matter is not contested by the defendant.

(3.) IT is averred in the plaint that since the year 1991, the plaintiff No.1 is engaged in manufacturing and marketing pharmaceutical products including pharmaceutical preparation for the treatment of malaria which are sold under the trademark MALOXINE. A certified translated copy of the Certificate of Incorporation of plaintiff No. 1 is marked as Ex. PW -1/4. Mr. A.S. Bhargava, the Constituted Attorney of plaintiff No. 1, Exphar SA (hereinafter referred to as "the plaintiff") has tendered his affidavit for and on behalf of the plaintiffs. Certified copy of the Board Resolution dated 10.09.1998 in his favour, is marked as Ex. PW -1/1. Certified copy of the Board Resolution in his favour is exhibited as Ex. PW - 1/2. Certificate of Incorporation along with the Memorandum and Articles of Association of plaintiff No. 2 is exhibited as Ex. PW -1/3.