PLUSPLUS LIFESCIENCES LLP Vs. SHIWANI SINGH

JUDGEMENT

(1.) By the present judgment, I shall be disposing of the application, being I.A. No.13093/2022, filed by the plaintiffs under Order XXXIX Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure (in short, the 'CPC'), inter alia praying for an ad-interim order of injunction restraining the defendants from manufacturing, selling, offering for sale, advertising or in any manner dealing with the medicine bearing the mark 'NUTRIEPIC' or any medicine similar to the plaintiffs' medicine bearing the mark 'TRIMACARE'. The plaintiffs further pray for an adinterim injunction restraining the defendants from manufacturing, selling, offering for sale, or in any manner dealing with medicine containing 'dienogest' under the mark 'UTTERCARE' or any mark deceptively similar to the mark of the plaintiffs- 'LAYERCARE'.

(2.) I shall also be disposing of the application, being I.A. No.16291/2022, filed by the defendants under Order XXXIX Rule 4 read with Sec. 151 of the CPC, praying for vacation of the ex-parte order of ad-interim injunction passed by this Court on 22/8/2022. CASE OF THE PLAINTIFFS:

(3.) The plaintiffs have filed the above suit stating that the plaintiff no.1, a healthcare company, was founded in 2020 by Mr. Sameer Agarwal and Ms. Surbhi Gupta, who are currently the directors thereof; while the plaintiff no.2 was founded in October, 2018. The plaintiff no.2 is engaged in the marketing and distribution of various pharmaceutical and other goods manufactured or produced by the plaintiff no.1.